The Florida Senate

20.02  Declaration of policy.

20.03  Definitions.

20.04  Structure of executive branch.

20.05  Heads of departments; powers and duties.

20.051  Review of programs.

20.052  Advisory bodies, commissions, boards; establishment.

20.055  Agency inspectors general.

20.057  Interagency agreements to delete duplication of inspections.

20.06  Method of reorganization.

20.10  Department of State.

20.11  Department of Legal Affairs.

20.12  Department of Banking and Finance.

20.13  Department of Insurance.

20.14  Department of Agriculture and Consumer Services.

20.15  Department of Education.

20.165  Department of Business and Professional Regulation.

20.171  Department of Labor and Employment Security.

20.18  Department of Community Affairs.

20.19  Department of Children and Family Services.

20.195  Department of Children and Family Services Tobacco Settlement Trust Fund.

20.201  Department of Law Enforcement.

20.21  Department of Revenue.

20.22  Department of Management Services.

20.23  Department of Transportation.

20.24  Department of Highway Safety and Motor Vehicles.

20.255  Department of Environmental Protection.

20.2553  Federal Law Enforcement Trust Fund.

20.28  State Board of Administration.

20.29  Department of Citrus.

20.315  Department of Corrections.

20.316  Department of Juvenile Justice.

20.317  Department of the Lottery.

20.32  Parole Commission.

20.331  Fish and Wildlife Conservation Commission.

20.34  Governmental Reorganization Act of 1969; effect on rules.

20.37  Department of Veterans' Affairs.

20.41  Department of Elderly Affairs.

20.42  Agency for Health Care Administration.

20.425  Agency for Health Care Administration Tobacco Settlement Trust Fund.

20.43  Department of Health.

20.435  Department of Health; trust funds.

20.02  Declaration of policy.--

(1)  The State Constitution contemplates the separation of powers within state government among the legislative, executive, and judicial branches of the government. The legislative branch has the broad purpose of determining policies and programs and reviewing program performance. The executive branch has the purpose of executing the programs and policies adopted by the Legislature and of making policy recommendations to the Legislature. The judicial branch has the purpose of determining the constitutional propriety of the policies and programs and of adjudicating any conflicts arising from the interpretation or application of the laws.

(2)  Within constitutional limitations, the agencies that compose the executive branch must be consolidated into no more than 25 departments, exclusive of those specifically provided for or authorized in the State Constitution, consistent with executive capacity to administer effectively at all levels. The agencies in the executive branch should be integrated into one of the departments of the executive branch to achieve maximum efficiency and effectiveness as intended by s. 6, Art. IV of the State Constitution.

(3)  Structural reorganization must be a continuing process through careful executive and legislative appraisal of the placement of proposed new programs and the coordination of existing programs in response to public needs.

(4)  The responsibility within the executive branch of government for the implementation of programs and policies must be clearly fixed and ascertainable.

(5)  Departments must be organized along functional or program lines.

(6)  The management and coordination of state services must be improved and overlapping activities eliminated.

(7)  When a reorganization of state government abolishes positions, the individuals affected, when otherwise qualified, must be given priority consideration for any new positions created by reorganization or for other vacant positions in state government.

History.--s. 2, ch. 69-106; s. 1, ch. 94-235.

20.03  Definitions.--To provide uniform nomenclature throughout the structure of the executive branch, the following definitions apply:

(1)  "Cabinet" means collectively the Secretary of State, Attorney General, Comptroller, Treasurer, Commissioner of Agriculture, and Commissioner of Education, as specified in s. 4, Art. IV of the State Constitution.

(2)  "Department" means the principal administrative unit within the executive branch of state government.

(3)  "Examining and licensing board" means a board authorized to grant and revoke licenses to engage in regulated occupations.

(4)  "Head of the department" means the individual or board in charge of the department.

(5)  "Secretary" means an individual who is appointed by the Governor to head a department and who is not otherwise named in the constitution.

(6)  "Executive director" means the chief administrative employee or officer of a department headed by a board or by the Governor and the Cabinet.

(7)  "Council" or "advisory council" means an advisory body created by specific statutory enactment and appointed to function on a continuing basis for the study of the problems arising in a specified functional or program area of state government and to provide recommendations and policy alternatives.

(8)  "Committee" or "task force" means an advisory body created without specific statutory enactment for a time not to exceed 1 year or created by specific statutory enactment for a time not to exceed 3 years and appointed to study a specific problem and recommend a solution or policy alternative with respect to that problem. Its existence terminates upon the completion of its assignment.

(9)  "Coordinating council" means an interdepartmental advisory body created by law to coordinate programs and activities for which one department has primary responsibility but in which one or more other departments have an interest.

(10)  "Commission," unless otherwise required by the State Constitution, means a body created by specific statutory enactment within a department, the office of the Governor, or the Executive Office of the Governor and exercising limited quasi-legislative or quasi-judicial powers, or both, independently of the head of the department or the Governor.

(11)  "Agency," as the context requires, means an official, officer, commission, authority, council, committee, department, division, bureau, board, section, or another unit or entity of government.

(12)  "Board of trustees," except with reference to the board created in chapter 253, means a board created by specific statutory enactment and appointed to function adjunctively to a department, the Governor, or the Executive Office of the Governor to administer public property or a public program.

History.--s. 3, ch. 69-106; s. 2, ch. 82-46; s. 5, ch. 83-217; s. 2, ch. 94-235.

20.04  Structure of executive branch.--The executive branch of state government is structured as follows:

(1)  The department is the principal administrative unit of the executive branch. Each department must bear a title beginning with the words "State of Florida" and continuing with "Department of _____."

(2)  For field operations, departments may establish district or area offices that combine division, bureau, section, and subsection functions.

(3)  For their internal structure, all departments, except for the Department of Banking and Finance, the Department of Children and Family Services, the Department of Corrections, the Department of Management Services, the Department of Revenue, and the Department of Transportation, must adhere to the following standard terms:

(a)  The principal unit of the department is the "division." Each division is headed by a "director."

(b)  The principal unit of the division is the "bureau." Each bureau is headed by a "chief."

(c)  The principal unit of the bureau is the "section." Each section is headed by an "administrator."

(d)  If further subdivision is necessary, sections may be divided into "subsections," which are headed by "supervisors."

(4)  Within the Department of Children and Family Services there are organizational units called "program offices," headed by assistant secretaries.

(5)  Within the Department of Corrections the principal policy and program development unit of the department is the "office." Each "office" is headed by a director.

(6)  Within the Department of Transportation the principal policy and program development unit of the department is the "office." Each "office" is headed by a director.

(7)(a)  Unless specifically authorized by law, the head of a department may not reallocate duties and functions specifically assigned by law to a specific unit of the department. Those functions or agencies assigned generally to the department without specific designation to a unit of the department may be allocated and reallocated to a unit of the department at the discretion of the head of the department.

(b)  Within the limitations of this subsection, the head of the department may recommend the establishment of additional divisions, bureaus, sections, and subsections of the department to promote efficient and effective operation of the department. However, additional divisions, or offices in the Department of Children and Family Services, the Department of Corrections, and the Department of Transportation, may be established only by specific statutory enactment. New bureaus, sections, and subsections of departments may be initiated by a department and established as recommended by the Department of Management Services and approved by the Executive Office of the Governor, or may be established by specific statutory enactment.

(c)  For the purposes of such recommendations and approvals, the Department of Management Services and the Executive Office of the Governor, respectively, must adopt and apply specific criteria for assessing the appropriateness of all reorganization requests from agencies. The criteria must be applied to future agency requests for reorganization and must be used to review the appropriateness of bureaus currently in existence. Any current bureau that does not meet the criteria for a bureau must be reorganized into a section or other appropriate unit.

(8)  The Executive Office of the Governor must maintain a current organizational chart of each agency of the executive branch, which must identify all divisions, bureaus, units, and subunits of the agency. Agencies must submit such organizational charts in accordance with guidelines established by the Executive Office of the Governor.

History.--s. 4, ch. 69-106; s. 1, ch. 70-384; s. 1, ch. 75-48; s. 5, ch. 75-49; s. 1, ch. 75-275; s. 2, ch. 77-147; s. 2, ch. 78-95; s. 1, ch. 79-3; ss. 28, 61, ch. 79-190; s. 1, ch. 83-230; s. 11, ch. 85-318; s. 1, ch. 88-215; s. 1, ch. 88-235; s. 1, ch. 88-290; s. 2, ch. 91-158; s. 7, ch. 92-279; s. 55, ch. 92-326; s. 3, ch. 94-235; ss. 1, 15, ch. 95-272; ss. 2, 3, ch. 96-403; s. 1, ch. 97-287; s. 2, ch. 97-296; s. 3, ch. 99-155.

20.05  Heads of departments; powers and duties.--

(1)  Each head of a department, except as otherwise provided by law, must:

(a)  Plan, direct, coordinate, and execute the powers, duties, and functions vested in that department or vested in a division, bureau, or section of that department; powers and duties assigned or transferred to a division, bureau, or section of the department must not be construed to limit this authority and this responsibility;

(b)  Have authority, without being relieved of responsibility, to execute any of the powers, duties, and functions vested in the department or in any administrative unit thereof through administrative units and through assistants and deputies designated by the head of the department from time to time, unless the head of the department is explicitly required by law to perform the same without delegation;

(c)  Compile annually a comprehensive program budget reporting all program and fiscal matters related to the operation of his or her department, including each program, subprogram, and activity, and other matters as required by law;

(d)  Reimburse the members of advisory bodies, commissions, and boards of trustees for their actual and necessary expenses incurred in the performance of their duties in accordance with s. 112.061;

(e)  Subject to the requirements of chapter 120, exercise existing authority to adopt rules pursuant and limited to the powers, duties, and functions transferred to the department;

(f)  Exercise authority on behalf of the department to accept gifts, grants, bequests, loans, and endowments for purposes consistent with the powers, duties, and functions of the department. All such funds must be deposited in the State Treasury and appropriated by the Legislature for the purposes for which they were received by the department;

(g)  If a department is under the direct supervision of a board, including a board consisting of the Governor and Cabinet, however designated, employ an executive director to serve at its pleasure; and

(h)  Make recommendations concerning more effective internal structuring of the department to the Legislature. Unless otherwise required by law, such recommendations must be provided to the Legislature at least 30 days before the first day of the regular session at which they are to be considered, when practicable.

(2)  The appointment of a secretary appointed by the Governor to serve as the head of a department must be confirmed by the Senate.

(3)  The Governor may assign the Lieutenant Governor, without Senate confirmation, the duty of serving as the head of any one department, the head of which is a secretary appointed by the Governor, notwithstanding any qualifications for appointment as secretary of the department.

¹(4)  Each head of a department may require any officer or employee of the department to give a bond for the faithful performance of his or her duties. The head of a department may determine the amount of the bond and must approve the bond. In determining the amount of the bond, the head of the department may consider the amount of money or property likely to be in custody of the officer or employee at any one time. The premiums for the bonds must be paid out of the funds of the department.

History.--s. 5, ch. 69-106; s. 2, ch. 74-256; s. 8, ch. 77-104; s. 4, ch. 94-235; s. 1314, ch. 95-147; s. 3, ch. 98-34.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

20.051  Review of programs.--

(1)  To achieve maximum efficiency and effectiveness of government as intended by s. 6, Art. IV of the State Constitution, and to promote quality management and accountability as required in s. 19, Art. III of the State Constitution, all programs, functions, and entities must be reviewed by the executive and the legislative branches. The review must identify and examine the purpose of each program, function, or entity to ensure that each program, function, or entity is administered in the most effective and efficient manner possible, and to assess the public benefit derived from the program, function, or entity. Reviews must determine whether the function, program, or entity:

(a)  Serves an identifiable purpose that benefits the public and accomplishes the purpose for which it was created;

(b)  Operates efficiently and effectively within its statutory framework, and whether there are any statutory changes that would likely increase the effectiveness and efficiency of the function, program, or entity;

(c)  Is necessary to the public health, safety, or welfare, and what would be the effect of its abolition;

(d)  Serves a beneficial purpose to state agencies in improving the effectiveness and efficiency of the operations of the state;

(e)  Directly or indirectly increases or decreases the costs of any goods or services, and whether any identified increase in cost is more harmful to the state than any of the harm that could occur absent the function, program, or entity;

(f)  Is situated within an organizational structure that promotes its efficient and effective administration and does not duplicate activities conducted in other agencies of the state; and

(g)  Could be assigned to another state agency or to private enterprise, and if so, the most efficient way of doing so.

(2)  Unless other criteria are specifically provided by law, any review of a function, program, or entity scheduled for repeal by law must be conducted in accordance with the criteria specified in subsection (1). In conducting a review of a function, program, or entity scheduled for repeal, the presumption is in favor of the repeal. The need for or benefits derived from a program, function, or entity subject to repeal and prior review must be compelling as measured by these criteria for the function, program, or entity to be continued.

History.--s. 5, ch. 94-235.

20.052  Advisory bodies, commissions, boards; establishment.--Each advisory body, commission, board of trustees, or any other collegial body created by specific statutory enactment as an adjunct to an executive agency must be established, evaluated, or maintained in accordance with the following provisions:

(1)  It may be created only when it is found to be necessary and beneficial to the furtherance of a public purpose.

(2)  It must be terminated by the Legislature when it is no longer necessary and beneficial to the furtherance of a public purpose. The executive agency to which the advisory body, commission, board of trustees, or other collegial body is made an adjunct must advise the Legislature at the time the advisory body, commission, board of trustees, or other collegial body ceases to be essential to the furtherance of a public purpose.

(3)  The Legislature and the public must be kept informed of the numbers, purposes, memberships, activities, and expenses of advisory bodies, commissions, boards of trustees, and other collegial bodies established as adjuncts to executive agencies.

(4)  An advisory body, commission, board of trustees, and other collegial body may not be created or reestablished unless:

(a)  It meets a statutorily defined purpose;

(b)  Its powers and responsibilities conform with the definitions for governmental units in s. 20.03;

(c)  Its members, unless expressly provided otherwise in the State Constitution, are appointed for 4-year staggered terms; and

(d)  Its members, unless expressly provided otherwise by specific statutory enactment, serve without additional compensation or honorarium, and are authorized to receive only per diem and reimbursement for travel expenses as provided in s. 112.061.

(5)(a)  The private citizen members of an advisory body that is adjunct to an executive agency must be appointed by the Governor, the head of the department, the executive director of the department, or a Cabinet officer.

(b)  The private citizen members of a commission or board of trustees that is adjunct to an executive agency must be appointed by the Governor unless otherwise provided by law, must be confirmed by the Senate, and must be subject to the dual-office-holding prohibition of s. 5(a), Art. II of the State Constitution.

(c)  Unless an exemption is otherwise specifically provided by law, all meetings of an advisory body, commission, board of trustees, or other collegial body adjunct to an executive agency are public meetings under s. 286.011. Minutes, including a record of all votes cast, must be maintained for all meetings.

(d)  If an advisory body, commission, board of trustees, or other collegial body that is adjunct to an executive agency is abolished, its records must be appropriately stored, within 30 days after the effective date of its abolition, by the executive agency to which it was adjunct, and any property assigned to it must be reclaimed by the executive agency. The advisory body, commission, board of trustees, or other collegial body may not perform any activities after the effective date of its abolition.

(6)  This section does not affect the right to institute or prosecute any cause of action by or against an abolished advisory body, commission, board of trustees, or other collegial body that was adjunct to an executive agency if the cause of the action accrued before the date it was abolished. Any cause of action pending on the date the advisory body, commission, board of trustees, or other collegial body is abolished, or instituted thereafter, must be prosecuted or defended in the name of the state by the Department of Legal Affairs.

History.--s. 6, ch. 94-235.

20.055  Agency inspectors general.--

(1)  For the purposes of this section:

(a)  "State agency" means each department created pursuant to this chapter, and also includes the Executive Office of the Governor, the Department of Military Affairs, the Parole Commission, the Board of Regents, the Fish and Wildlife Conservation Commission, the Public Service Commission, and the state courts system.

(b)  "Agency head" means the Governor, a Cabinet officer, a secretary as defined in s. 20.03(5), or an executive director as defined in s. 20.03(6). It also includes the chair of the Public Service Commission and the Chief Justice of the State Supreme Court.

(2)  The Office of Inspector General is hereby established in each state agency to provide a central point for coordination of and responsibility for activities that promote accountability, integrity, and efficiency in government. It shall be the duty and responsibility of each inspector general, with respect to the state agency in which the office is established, to:

(a)  Advise in the development of performance measures, standards, and procedures for the evaluation of state agency programs.

(b)  Assess the reliability and validity of the information provided by the state agency on performance measures and standards, and make recommendations for improvement, if necessary, prior to submission of those measures and standards to the Executive Office of the Governor pursuant to s. 216.0166(1).

(c)  Review the actions taken by the state agency to improve program performance and meet program standards and make recommendations for improvement, if necessary.

(d)  Provide direction for, supervise, and coordinate audits, investigations, and management reviews relating to the programs and operations of the state agency, except that when the inspector general does not possess the qualifications specified in subsection (4), the director of auditing shall conduct such audits.

(e)  Conduct, supervise, or coordinate other activities carried out or financed by that state agency for the purpose of promoting economy and efficiency in the administration of, or preventing and detecting fraud and abuse in, its programs and operations.

(f)  Keep such agency head informed concerning fraud, abuses, and deficiencies relating to programs and operations administered or financed by the state agency, recommend corrective action concerning fraud, abuses, and deficiencies, and report on the progress made in implementing corrective action.

(g)  Ensure effective coordination and cooperation between the Auditor General, federal auditors, and other governmental bodies with a view toward avoiding duplication.

(h)  Review, as appropriate, rules relating to the programs and operations of such state agency and make recommendations concerning their impact.

(i)  Ensure that an appropriate balance is maintained between audit, investigative, and other accountability activities.

(3)(a)  The inspector general shall be appointed by the agency head. For agencies under the direction of the Governor, the appointment shall be made after notifying the Governor in writing, at least 7 days prior to an offer of employment, of the agency head's intention to hire the inspector general.

(b)  Each inspector general shall report to and be under the general supervision of the agency head and shall not be subject to supervision by any other employee of the state agency. The inspector general shall be appointed without regard to political affiliation.

(c)  An inspector general may be removed from office by the agency head. For agencies under the direction of the Governor, the agency head shall notify the Governor, in writing, of the intention to terminate the inspector general at least 7 days prior to the removal. For state agencies under the direction of the Governor and Cabinet, the agency head shall notify the Governor and Cabinet in writing of the intention to terminate the inspector general at least 7 days prior to the removal.

(d)  The agency head shall not prevent or prohibit the inspector general or director of auditing from initiating, carrying out, or completing any audit or investigation.

(4)  To ensure that state agency audits are performed in accordance with applicable auditing standards, the inspector general or the director of auditing within the inspector general's office shall possess the following qualifications:

(a)  A bachelor's degree from an accredited college or university with a major in accounting, or with a major in business which includes five courses in accounting, and 5 years of experience as an internal auditor or independent postauditor, electronic data processing auditor, accountant, or any combination thereof. The experience shall at a minimum consist of audits of units of government or private business enterprises, operating for profit or not for profit; or

(b)  A master's degree in accounting, business administration, or public administration from an accredited college or university and 4 years of experience as required in paragraph (a); or

(c)  A certified public accountant license issued pursuant to chapter 473 or a certified internal audit certificate issued by the Institute of Internal Auditors or earned by examination, and 4 years of experience as required in paragraph (a).

(5)  In carrying out the auditing duties and responsibilities of this act, each inspector general shall review and evaluate internal controls necessary to ensure the fiscal accountability of the state agency. The inspector general shall conduct financial, compliance, electronic data processing, and performance audits of the agency and prepare audit reports of his or her findings. The scope and assignment of the audits shall be determined by the inspector general; however, the agency head may at any time direct the inspector general to perform an audit of a special program, function, or organizational unit. The performance of the audit shall be under the direction of the inspector general, except that if the inspector general does not possess the qualifications specified in subsection (4), the director of auditing shall perform the functions listed in this subsection.

(a)  Such audits shall be conducted in accordance with the current Standards for the Professional Practice of Internal Auditing and subsequent Internal Auditing Standards or Statements on Internal Auditing Standards published by the Institute of Internal Auditors, Inc., or, where appropriate, in accordance with generally accepted governmental auditing standards. All audit reports issued by internal audit staff shall include a statement that the audit was conducted pursuant to the appropriate standards.

(b)  Audit workpapers and reports shall be public records to the extent that they do not include information which has been made confidential and exempt from the provisions of s. 119.07(1) pursuant to law. However, when the inspector general or a member of the staff receives from an individual a complaint or information that falls within the definition provided in s. 112.3187(5), the name or identity of the individual shall not be disclosed to anyone else without the written consent of the individual, unless the inspector general determines that such disclosure is unavoidable during the course of the audit or investigation.

(c)  The inspector general and the staff shall have access to any records, data, and other information of the state agency he or she deems necessary to carry out his or her duties. The inspector general is also authorized to request such information or assistance as may be necessary from the state agency or from any federal, state, or local government entity.

(d)  At the conclusion of each audit, the inspector general shall submit preliminary findings and recommendations to the person responsible for supervision of the program function or operational unit who shall respond to any adverse findings within 20 working days after receipt of the tentative findings. Such response and the inspector general's rebuttal to the response shall be included in the final audit report.

(e)  The inspector general shall submit the final report to the agency head and to the Auditor General.

(f)  The Auditor General, in connection with the independent postaudit of the same agency pursuant to s. 11.45, shall give appropriate consideration to internal audit reports and the resolution of findings therein. The Legislative Auditing Committee may inquire into the reasons or justifications for failure of the agency head to correct the deficiencies reported in internal audits that are also reported by the Auditor General and shall take appropriate action. The Auditor General shall also review a sample of each agency's internal audit reports at least once every 3 years to determine compliance with current Standards for the Professional Practice of Internal Auditing or, if appropriate, generally accepted governmental auditing standards. If the Auditor General finds that these standards have not been complied with, the Auditor General shall include a statement of this fact in the audit report of the agency.

(g)  The inspector general shall monitor the implementation of the state agency's response to any audit of the state agency conducted by the Auditor General pursuant to s. 11.45. No later than 6 months after the Auditor General publishes a report of the audit of the state agency, the inspector general shall report to the agency head on the status of corrective actions taken. A copy of such report shall be filed with the Legislative Auditing Committee.

(h)  The inspector general shall develop long-term and annual audit plans based on the findings of periodic risk assessments. The plan, where appropriate, should include postaudit samplings of payments and accounts. The plan shall show the individual audits to be conducted during each year and related resources to be devoted to the respective audits. The Comptroller, to assist in fulfilling the responsibilities for examining, auditing, and settling accounts, claims, and demands pursuant to s. 17.03(1), and examining, auditing, adjusting, and settling accounts pursuant to s. 17.04, may utilize audits performed by the inspectors general and internal auditors. For state agencies under the Governor, the audit plans shall be submitted to the Governor's Chief Inspector General. The plan shall be submitted to the agency head for approval. A copy of the approved plan shall be submitted to the Auditor General.

(6)  In carrying out the investigative duties and responsibilities specified in this section, each inspector general shall initiate, conduct, supervise, and coordinate investigations designed to detect, deter, prevent, and eradicate fraud, waste, mismanagement, misconduct, and other abuses in state government. For these purposes, each state agency shall:

(a)  Receive complaints and coordinate all activities of the agency as required by the Whistle-blower's Act pursuant to ss. 112.3187-112.31895.

(b)  Receive and consider the complaints which do not meet the criteria for an investigation under the Whistle-blower's Act and conduct, supervise, or coordinate such inquiries, investigations, or reviews as the inspector general deems appropriate.

(c)  Report expeditiously to the Department of Law Enforcement or other law enforcement agencies, as appropriate, whenever the inspector general has reasonable grounds to believe there has been a violation of criminal law.

(d)  Conduct investigations and other inquiries free of actual or perceived impairment to the independence of the inspector general or the inspector general's office. This shall include freedom from any interference with investigations and timely access to records and other sources of information.

(e)  Submit in a timely fashion final reports on investigations conducted by the inspector general to the agency head, except for whistle-blower's investigations, which shall be conducted and reported pursuant to s. 112.3189.

(7)  Each inspector general shall, not later than September 30 of each year, prepare an annual report summarizing the activities of the office during the immediately preceding state fiscal year. The final report shall be furnished to the agency head. Such report shall include, but need not be limited to:

(a)  A description of activities relating to the development, assessment, and validation of performance measures.

(b)  A description of significant abuses and deficiencies relating to the administration of programs and operations of the agency disclosed by investigations, audits, reviews, or other activities during the reporting period.

(c)  A description of the recommendations for corrective action made by the inspector general during the reporting period with respect to significant problems, abuses, or deficiencies identified.

(d)  The identification of each significant recommendation described in previous annual reports on which corrective action has not been completed.

(e)  A summary of each audit and investigation completed during the reporting period.

(8)  Each agency inspector general shall, to the extent both necessary and practicable, include on his or her staff individuals with electronic data processing auditing experience.

History.--ss. 1, 2, ch. 86-131; s. 1, ch. 87-30; ss. 1, 4, ch. 90-247; s. 18, ch. 91-282; s. 2, ch. 91-285; s. 7, ch. 94-235; s. 1, ch. 94-340; s. 1315, ch. 95-147; s. 8, ch. 95-153; s. 8, ch. 95-312; s. 5, ch. 96-406; s. 15, ch. 98-73; s. 62, ch. 99-245.

20.057  Interagency agreements to delete duplication of inspections.--

(1)  The Governor shall direct any department, the head of which is an officer or board appointed by and serving at the pleasure of the Governor, to enter into an interagency agreement that will eliminate duplication of inspections among the departments that inspect the same type of facility or structure. Parties to the agreement may include departments which are headed by a Cabinet officer, the Governor and Cabinet, or a collegial body. The agreement shall:

(a)  Authorize agents of one department to conduct inspections required to be performed by another department.

(b)  Specify that agents of the department conducting the inspection have all powers relative to the inspection as the agents of the department on whose behalf the inspection is being conducted.

(c)  Require that agents of the department conducting the inspection have sufficient knowledge of statutory and administrative inspection requirements to conduct a proper inspection.

(d)  Specify that the departments which have entered into the agreement may neither charge nor accept any funds with respect to duties performed under the agreement which are in excess of the direct costs of conducting such inspections.

Before taking effect, an agreement entered into under this section must be approved by the Governor. Inspections conducted under an agreement shall be deemed sufficient for enforcement purposes pursuant to the agreement or as otherwise provided by law.

(2)  No later than 60 days prior to the beginning of the regular session, the Governor shall make an annual report to the President of the Senate and the Speaker of the House of Representatives regarding interagency agreements. The report shall identify each interagency agreement entered into under this section, and, for each agreement, shall describe the duplication eliminated, provide data that measures the effectiveness of inspections conducted under the interagency agreement, and estimate the cost savings that have resulted from the agreement. The report shall also describe obstacles encountered by any department in attempting to develop an interagency agreement and in performing duties resulting from an interagency agreement and shall recommend appropriate remedial legislative action.

History.--s. 10, ch. 91-429.

20.06  Method of reorganization.--The executive branch of state government shall be reorganized by transferring the specified agencies, programs, and functions to other specified departments, commissions, or offices. Such a transfer does not affect the validity of any judicial or administrative proceeding pending on the day of the transfer, and any agency or department to which are transferred the powers, duties, and functions relating to the pending proceeding must be substituted as a party in interest for the proceeding. The transfers provided herein are intended to supplement but not supplant the requirements of s. 6, Art. III of the State Constitution. The definitions provided in s. 20.03 apply to this section, and the types of transfers are defined as follows:

(1)  TYPE ONE TRANSFER.--A type one transfer is the transferring intact of an existing agency or department so that the agency or department becomes a unit of another agency or a department. Any agency or department transferred to another agency or department by a type one transfer will exercise its powers, duties, and functions as prescribed by law, subject to review and approval by, and under the direct supervision of, the head of the agency or department to which the transfer is made, unless otherwise provided by law. Any agency or department transferred by a type one transfer has all its statutory powers, duties, and functions, and its records, personnel, property, and unexpended balances of appropriations, allocations, or other funds transferred to the agency or department to which it is transferred. The transfer of segregated funds must be made in such manner that the relation between program and revenue source as provided by law is retained. Unless otherwise provided by law, the administrative rules of any agency or department involved in the transfer which are in effect immediately before the transfer remain in effect until specifically changed in the manner provided by law.

(2)  TYPE TWO TRANSFER.--A type two transfer is the merging into another agency or department of an existing agency or department or a program, activity, or function thereof or, if certain identifiable units or subunits, programs, activities, or functions are removed from the existing agency or department, or are abolished, it is the merging into an agency or department of the existing agency or department with the certain identifiable units or subunits, programs, activities, or functions removed therefrom or abolished.

(a)  Any agency or department or a program, activity, or function thereof transferred by a type two transfer has all its statutory powers, duties, and functions, and its records, personnel, property, and unexpended balances of appropriations, allocations, or other funds, except those transferred elsewhere or abolished, transferred to the agency or department to which it is transferred, unless otherwise provided by law. The transfer of segregated funds must be made in such a manner that the relation between program and revenue source as provided by law is retained.

(b)  Unless otherwise provided by law, the head of the agency or department to which an existing agency or department or a program, activity, or function thereof is transferred is authorized to establish units or subunits to which the agency or department is assigned, and to assign administrative authority for identifiable programs, activities, or functions, to the extent authorized in this chapter.

(c)  Unless otherwise provided by law, the administrative rules of any agency or department involved in the transfer which are in effect immediately before the transfer remain in effect until specifically changed in the manner provided by law.

History.--s. 6, ch. 69-106; s. 1, ch. 79-36; s. 12, ch. 94-235.

20.10  Department of State.--There is created a Department of State.

(1)  The head of the Department of State is the Secretary of State.

(2)  The following divisions of the Department of State are established:

(a)  Division of Elections.

(b)  Division of Historical Resources.

(c)  Division of Corporations.

(d)  Division of Library and Information Services.

(e)  Division of Licensing.

(f)  Division of Cultural Affairs.

(g)  Division of Administration.

History.--s. 10, ch. 69-106; s. 1, ch. 70-329; s. 3, ch. 71-355; s. 1, ch. 74-272; s. 15, ch. 75-22; ss. 1, 2, 3, ch. 77-122; s. 3, ch. 79-164; s. 1, ch. 80-391; s. 3, ch. 86-163.

20.11  Department of Legal Affairs.--There is created a Department of Legal Affairs. The head of the Department of Legal Affairs is the Attorney General.

History.--s. 11, ch. 69-106; ss. 1, 2, ch. 77-105.

20.12  Department of Banking and Finance.--There is created a Department of Banking and Finance.

(1)  The head of the Department of Banking and Finance is the Comptroller.

(2)  As provided in s. 4(d), Art. IV of the State Constitution, the purpose of the Comptroller is to serve as the chief fiscal officer of the state, and ¹he or she shall settle and approve accounts against the state.

²(3)  The Comptroller shall execute the programs and policies as adopted by the Legislature.

²(4)  There is created as a subunit within the Department of Banking and Finance the Office of Financial Investigations. The Office of Financial Investigations shall:

(a)  Function as a criminal justice agency within the meaning of s. 943.045(10)(d); and

(b)  Have a separate budget.

History.--s. 12, ch. 69-106; ss. 1, 2, ch. 77-106; s. 9, ch. 83-132; s. 2, ch. 86-85; s. 2, ch. 95-426; ss. 4, 5, ch. 99-155.

¹Note.--The words "he or she" were inserted by the editors.

²Note.--Repealed January 7, 2003, by s. 5, ch. 99-155.

20.13  Department of Insurance.--There is created a Department of Insurance.

(1)  The head of the Department of Insurance is the Treasurer who shall hereafter be named the "Insurance Commissioner and Treasurer."

(2)  The following divisions of the Department of Insurance are established:

(a)  Division of Insurer Services.

(b)  Division of Insurance Consumer Services.

(c)  Division of Agents and Agencies Services.

(d)  Division of Rehabilitation and Liquidation.

(e)  Division of Risk Management.

(f)  Division of State Fire Marshal.

(g)  Division of Insurance Fraud.

(h)  Division of Administration.

(i)  Division of Treasury.

(j)  Division of Legal Services.

(3)(a)  The department shall have an assistant insurance commissioner and treasurer, three deputies, and a general counsel. A deputy may also serve as general counsel.

(b)  The Division of Insurer Services shall have at least two deputy directors. All other divisions shall have a director and may have an assistant director. The department may change the name of any division, by rule, if the name reflects the respective subject area of the division.

(4)  The Division of Insurance Fraud shall enforce the provisions of s. 626.989. The division shall establish a Bureau of Workers' Compensation Insurance Fraud for the sole purpose of enforcing the provisions of chapter 440 which, if violated, would result in the commission of fraudulent insurance acts.

(5)  A Bureau of Financial and Support Services is created within the Division of Administration.

(6)(a)  The Division of Treasury, in addition to other matters that may be assigned to or located within said division, shall administer the Government Employees Deferred Compensation Plan established under s. 112.215 for state employees.

(b)  To carry out the purposes of paragraph (a), a Section of Government Employee Deferred Compensation is created within the Division of Treasury.

History.--s. 13, ch. 69-106; ss. 1, 2, ch. 72-173; s. 2, ch. 75-151; s. 8, ch. 76-266; ss. 1, 3, ch. 77-107; s. 1, ch. 78-258; s. 1, ch. 79-361; s. 38, ch. 83-38; s. 1, ch. 83-288; s. 15, ch. 88-185; s. 1, ch. 89-258; s. 2, ch. 90-201; s. 1, ch. 91-1; s. 6, ch. 93-142; s. 1, ch. 93-193; s. 6, ch. 93-248; s. 3, ch. 94-166; s. 30, ch. 95-145; s. 1, ch. 97-79.

¹20.14  Department of Agriculture and Consumer Services.--There is created a Department of Agriculture and Consumer Services.

(1)  The head of the Department of Agriculture and Consumer Services is the Commissioner of Agriculture.

(2)  The following divisions of the Department of Agriculture and Consumer Services are established:

(a)  Administration.

(b)  Agricultural Environmental Services.

(c)  Animal Industry.

(d)  Aquaculture.

(e)  Consumer Services.

(f)  Dairy Industry.

(g)  Food Safety.

(h)  Forestry.

(i)  Fruit and Vegetables.

(j)  Marketing and Development.

(k)  Plant Industry.

(l)  Standards.

(3)  Bureaus may be established as deemed necessary to promote efficient and effective operation of the department, pursuant to s. 20.04.

History.--s. 14, ch. 69-106; s. 1, ch. 70-309; s. 1, ch. 71-196; ss. 1, 2, 3, ch. 77-108; s. 9, ch. 81-259; s. 1, ch. 84-165; s. 1, ch. 92-291; s. 9, ch. 99-245.

¹Note.--Section 7, ch. 99-245, provides that "[t]he Bureau of Marine Resource Regulation and Development at the Department of Environmental Protection, and the positions assigned to the bureau effective February 1, 1999, are transferred to the Division of Aquaculture within the Department of Agriculture and Consumer Services by a type one transfer, as defined in s. 20.06(1), Florida Statutes. Water quality data collected by the Division of Aquaculture with the Department of Agriculture and Consumer Services are to be shared with the Division of Water Resource Management within the Department of Environmental Protection."

¹20.15  Department of Education.--There is created a Department of Education.

(1)  STATE BOARD OF EDUCATION.--In accordance with s. 2, Art. IX of the State Constitution, the State Board of Education is the chief policymaking body of public education in the state as specified in chapter 229. The Governor is chair of the board, and the Commissioner of Education is the secretary and executive officer and in the absence of the Governor shall serve as chair.

(2)  COMMISSIONER OF EDUCATION.--The head of the Department of Education is the Commissioner of Education who shall be elected by vote of the qualified electors of the state pursuant to s. 5, Art. IV of the State Constitution.

(a)  The Commissioner of Education shall appoint a Deputy Commissioner for Educational Programs who has such powers, duties, responsibilities, and functions as are necessary to ensure the greatest possible coordination, efficiency, and effectiveness of kindergarten through 12th-grade education and vocational and continuing education programs, including workforce development.

(b)  The Commissioner of Education shall appoint a Deputy Commissioner for Planning, Budgeting, and Management who has such powers, duties, responsibilities, and functions as are necessary to ensure the greatest possible coordination of policies, programs, and procedures for the statewide system of education and the department.

(c)  The Commissioner of Education shall appoint a Deputy Commissioner for Technology and Administration who has such powers, duties, responsibilities, and functions as are necessary to ensure the greatest possible coordination and development of technological supports for the education system and efficient administration of the department.

(3)  DIVISIONS.--The following divisions of the Department of Education are established:

(a)  Division of Community Colleges.

(b)  Division of Public Schools and Community Education.

(c)  Division of Universities.

(d)  Division of Workforce Development.

(e)  Division of Human Resource Development.

(f)  Division of Administration.

(g)  Division of Financial Services.

(h)  Division of Support Services.

(i)  Division of Technology.

(4)  DIRECTORS.--The Board of Regents is the director of the Division of Universities, and the State Board of Community Colleges is the director of the Division of Community Colleges, pursuant to chapter 240. The directors of all other divisions shall be appointed by the commissioner subject to approval by the state board.

(5)  POWERS AND DUTIES.--The State Board of Education and the Commissioner of Education:

(a)  Shall assign to the Division of Public Schools and Community Education such powers, duties, responsibilities, and functions as are necessary to ensure the greatest possible coordination, efficiency, and effectiveness of education for students in prekindergarten through 12th grade, for secondary school vocational education, and for community education.

(b)  Shall assign to the Division of Workforce Development such powers, duties, responsibilities, and functions as are necessary to ensure the greatest possible coordination, efficiency, and effectiveness of workforce development education.

(c)  Shall assign to the State Board of Community Colleges such powers, duties, responsibilities, and functions as are necessary to ensure the coordination, efficiency, and effectiveness of community colleges, except those duties specifically assigned to the Commissioner of Education in ss. 229.512 and 229.551, the duties concerning physical facilities in chapter 235, and the duties assigned to the Division of Workforce Development in chapter 239.

(6)  COUNCILS AND COMMITTEES.--Notwithstanding anything contained in law to the contrary, the Commissioner of Education shall appoint all members of all councils and committees of the Department of Education, except the Board of Regents, the State Board of Community Colleges, the community college district boards of trustees, the Postsecondary Education Planning Commission, the Education Practices Commission, the Education Standards Commission, the State Board of Independent Colleges and Universities, and the State Board of Nonpublic Career Education.

(7)  BOARDS.--Notwithstanding anything contained in law to the contrary, all members of the Board of Regents, the State Board of Community Colleges, and the community college district boards of trustees must be appointed according to chapter 240.

History.--s. 15, ch. 69-106; s. 33, ch. 75-48; s. 1, ch. 75-302; ss. 2, 3, ch. 77-123; s. 1, ch. 77-259; s. 104, ch. 79-222; s. 1, ch. 81-56; s. 10, ch. 81-259; s. 9, ch. 83-326; s. 106, ch. 84-336; s. 25, ch. 86-225; s. 1, ch. 87-76; s. 4, ch. 91-45; s. 1, ch. 91-182; s. 13, ch. 94-232; s. 1316, ch. 95-147; s. 51, ch. 95-280; s. 2, ch. 95-327; s. 72, ch. 97-190; s. 7, ch. 97-307; s. 14, ch. 98-281; s. 26, ch. 98-421; s. 42, ch. 99-240; s. 21, ch. 99-398.

¹Note.--Section 39, ch. 99-240, provides that "[e]ffective January 1, 2001, the Division of Blind Services is transferred by a type two transfer as defined in section 20.06(5), Florida Statutes, from the Department of Labor and Employment Security to the Department of Education."

20.165  Department of Business and Professional Regulation.--There is created a Department of Business and Professional Regulation.

(1)  The head of the Department of Business and Professional Regulation is the Secretary of Business and Professional Regulation. The secretary shall be appointed by the Governor, subject to confirmation by the Senate. The secretary shall serve at the pleasure of the Governor.

(2)  The following divisions of the Department of Business and Professional Regulation are established:

(a)  Division of Administration.

(b)  Division of Alcoholic Beverages and Tobacco.

(c)  Division of Certified Public Accounting.

1.  The director of the division shall be appointed by the secretary of the department, subject to approval by a majority of the Board of Accountancy.

2.  The offices of the division shall be located in Gainesville.

(d)  Division of Florida Land Sales, Condominiums, and Mobile Homes.

(e)  Division of Hotels and Restaurants.

(f)  Division of Pari-mutuel Wagering.

(g)  Division of Professions.

(h)  Division of Real Estate.

1.  The director of the division shall be appointed by the secretary of the department, subject to approval by a majority of the Florida Real Estate Commission.

2.  The offices of the division shall be located in Orlando.

(i)  Division of Regulation.

(j)  Division of Technology, Licensure, and Testing.

(3)  The secretary shall appoint a director for each division established within this section. Each division director shall directly administer the division and shall be responsible to the secretary. The secretary may appoint deputy and assistant secretaries as necessary to aid the secretary in fulfilling the secretary's statutory obligations.

(4)(a)  The following boards are established within the Division of Professions:

1.  Board of Architecture and Interior Design, created under part I of chapter 481.

2.  Florida Board of Auctioneers, created under part VI of chapter 468.

3.  Barbers' Board, created under chapter 476.

4.  Florida Building Code Administrators and Inspectors Board, created under part XII of chapter 468.

5.  Construction Industry Licensing Board, created under part I of chapter 489.

6.  Board of Cosmetology, created under chapter 477.

7.  Electrical Contractors' Licensing Board, created under part II of chapter 489.

8.  Board of Employee Leasing Companies, created under part XI of chapter 468.

9.  Board of Funeral Directors and Embalmers, created under chapter 470.

10.  Board of Landscape Architecture, created under part II of chapter 481.

11.  Board of Pilot Commissioners, created under chapter 310.

12.  Board of Professional Engineers, created under chapter 471.

13.  Board of Professional Geologists, created under chapter 492.

14.  Board of Professional Surveyors and Mappers, created under chapter 472.

15.  Board of Veterinary Medicine, created under chapter 474.

(b)  The following board and commission are established within the Division of Real Estate:

1.  Florida Real Estate Appraisal Board, created under part II of chapter 475.

2.  Florida Real Estate Commission, created under part I of chapter 475.

(c)  The following board is established within the Division of Certified Public Accounting:

1.  Board of Accountancy, created under chapter 473.

(5)  The members of each board established pursuant to subsection (4) shall be appointed by the Governor, subject to confirmation by the Senate. Consumer members on the board shall be appointed pursuant to subsection (6). Members shall be appointed for 4-year terms, and such terms shall expire on October 31. However, a term of less than 4 years may be utilized to ensure that:

(a)  No more than two members' terms expire during the same calendar year for boards consisting of seven or eight members.

(b)  No more than 3 members' terms expire during the same calendar year for boards consisting of 9 to 12 members.

(c)  No more than 5 members' terms expire during the same calendar year for boards consisting of 13 or more members.

A member whose term has expired shall continue to serve on the board until such time as a replacement is appointed. A vacancy on the board shall be filled for the unexpired portion of the term in the same manner as the original appointment. No member may serve for more than the remaining portion of a previous member's unexpired term, plus two consecutive 4-year terms of the member's own appointment thereafter.

(6)  Each board with five or more members shall have at least two consumer members who are not, and have never been, members or practitioners of the profession regulated by such board or of any closely related profession. Each board with fewer than five members shall have at least one consumer member who is not, and has never been, a member or practitioner of the profession regulated by such board or of any closely related profession.

(7)  No board, with the exception of joint coordinatorships, shall be transferred from its present location unless authorized by the Legislature in the General Appropriations Act.

(8)  Notwithstanding any other provision of law, the department is authorized to establish uniform application forms and certificates of licensure for use by the divisions within the department. Nothing in this subsection authorizes the department to vary any substantive requirements, duties, or eligibilities for licensure or certification as provided by law.

(9)(a)  All employees authorized by the Division of Alcoholic Beverages and Tobacco shall have access to, and shall have the right to inspect, premises licensed by the division, to collect taxes and remit them to the officers entitled to them, and to examine the books and records of all licensees. The authorized employees shall require of each licensee strict compliance with the laws of this state relating to the transaction of such business.

(b)  All employees certified under chapter 943 as law enforcement officers shall have felony arrest powers under s. 901.15(11) and shall have all the powers of deputy sheriffs to:

1.  Investigate, enforce, and prosecute, throughout the state, violations and violators of:

a.  Parts I and II of chapter 210; part VII of chapter 559; and chapters 561-569; and the rules promulgated thereunder, as well as other state laws which the division, all state law enforcement officers, or beverage enforcement agents are specifically authorized to enforce.

b.  All other state laws, provided that the employee exercises the powers of a deputy sheriff, only after consultation and in coordination with the appropriate local sheriff's office, and only if the violation could result in an administrative proceeding against a license or permit issued by the division.

2.  Enforce all criminal laws of the state within specified jurisdictions when the division is a party to a written mutual aid agreement with a state agency, sheriff, or municipal police department, or when the division participates in the Florida Mutual Aid Plan during a declared state emergency.

History.--s. 4, ch. 93-220; s. 1, ch. 94-119; s. 2, ch. 94-218; s. 1, ch. 95-346; s. 9, ch. 96-403; s. 1, ch. 97-162; s. 9, ch. 99-254.

¹20.171  Department of Labor and Employment Security.--There is created a Department of Labor and Employment Security. The department shall operate its programs in a decentralized fashion.

(1)  The head of the Department of Labor and Employment Security is the Secretary of Labor and Employment Security. The secretary shall be appointed by the Governor subject to confirmation by the Senate. The secretary shall serve at the pleasure of the Governor.

(2)(a)  There shall be two assistant secretaries who are to be appointed by and shall serve at the pleasure of the secretary. The assistant secretaries shall be titled: Assistant Secretary for Finance and Administration and Assistant Secretary for Programs and Operations. The secretary may assign either assistant secretary the responsibility to supervise, coordinate, and formulate policy for any division, office, or field office. The Office of General Counsel and the Office of Inspector General are established as special offices and shall be headed by managers, each of whom shall be appointed by and serve at the pleasure of the secretary.

(b)  There shall be five field offices involved in the administration and management of the department's programs. These field offices shall be responsible for the administration and management of any local offices within their jurisdiction. The five field offices shall be headed by managers, each of whom is to be appointed by and serve at the pleasure of the secretary.

(c)  The managers of all divisions and offices specifically named in this section and the directors of the five field offices are exempt from part II of chapter 110 and are included in the Senior Management Service in accordance with s. 110.205(2)(i). No other assistant secretaries or senior management positions at or above the division level, except those established in chapter 110, may be created without specific legislative authority.

(3)(a)  The Assistant Secretary for Finance and Administration must possess a broad knowledge of the administrative, financial, and technical aspects of a complete cost-accounting system, budget preparation and management, and management information systems. The assistant secretary must be a proven, effective manager with specialized skills in financial planning and management. The assistant secretary shall ensure that financial information is processed in a timely, accurate, and complete manner.

(b)  The assistant secretary is responsible for developing, monitoring, and enforcing policy and managing major technical programs. The responsibilities and duties of the position include, but are not limited to:

1.  The following functional areas:

a.  Financial planning and management.

b.  Information systems.

c.  Accounting systems.

d.  Administrative functions.

2.  Implementing by no later than December 1, 1999:

a.  The preparation of detailed documentation of internal controls, including, but not limited to, general and application controls the department relies on for accurate and complete financial information.

b.  The monthly reconciliation of the department's accounting, planning and budgeting, cash forecasting, and grants-in-aid program.

c.  The development of a long-range information systems plan for the department which addresses the computing and information requirements of the five field and central offices. Financial, personnel, and technical resources must all be identified and quantified, as appropriate.

(c)  The Office of Administration, the Office of Management and Budget, and the Office of Information Systems are established and shall be headed by managers who are supervised by and responsible to the assistant secretary.

(d)1.  The secretary shall appoint a comptroller who shall be responsible to the assistant secretary. This position is exempt from part II of chapter 110.

2.  The comptroller is the chief financial officer of the department and shall be a proven, effective administrator who, by a combination of education and experience, clearly possesses a broad knowledge of the administrative, financial, and technical aspects of a complex cost-accounting system. The comptroller must also have a working knowledge of generally accepted accounting principles. At a minimum, the comptroller shall hold an active license to practice public accounting in this state pursuant to chapter 473 or in any other state. In addition to the requirements of the Florida Fiscal Accounting Management Information System Act, the comptroller is responsible for the development, maintenance, and modification of an accounting system which will in a timely manner accurately reflect the revenues and expenditures of the department and which shall include a cost-accounting system to properly identify, segregate, allocate, and report department costs. The comptroller shall supervise and direct preparation of a detailed 36-month forecast of cash and expenditures and shall be responsible for managing cash and determining cash requirements. The comptroller shall review all comparative cost studies which examine the cost-effectiveness and feasibility of contracting for services and operations performed by the department. The review shall state that the study was prepared in accordance with generally accepted cost-accounting standards applied in a consistent manner using valid and accurate cost data.

3.  The comptroller may be required to give bond as provided by s. 20.059(4).

4.  The department shall, by rule or internal management memoranda as required by chapter 120, provide for the maintenance by the comptroller of financial records and accounts of the department as will afford a full and complete check against the improper payment of bills and provide a system for the prompt payment of the just obligations of the department, which records must at all times disclose:

a.  The several appropriations available for the use of the department.

b.  The specific amounts of each such appropriation budgeted by the department for each improvement or purpose.

c.  The apportionment or division of all such appropriations among the several counties and field offices, when such apportionment or division is made.

d.  The amount or portion of each such apportionment against general contractual and other obligations of the department.

e.  The amount expended and still to be expended in connection with each contractual and each other obligation of the department.

f.  The expense and operating costs of the various activities of the department.

g.  The receipts accruing to the department and the distribution thereof.

h.  The assets, investments, and liabilities of the department.

i.  The cash requirements of the department for a 36-month period.

5.  The comptroller shall maintain a separate account for each fund administered by the department.

6.  The comptroller shall perform such other related duties as may be designated by the department.

(4)(a)  The Assistant Secretary for Programs and Operations must possess a broad knowledge of the administrative, financial, and technical aspects of the divisions within the department.

(b)  The assistant secretary is responsible for developing, monitoring, and enforcing policy and managing major technical programs and supervising the Bureau of Appeals of the Division of Unemployment Compensation. The responsibilities and duties of the position include, but are not limited to, the following functional areas:

1.  Workers' compensation management and policy implementation.

2.  Jobs and benefits management and policy information.

3.  Unemployment compensation management and policy implementation.

4.  Blind services management and policy implementation.

5.  Oversight of the five field offices and any local offices.

(5)  The following divisions are established and shall be headed by division directors who shall be supervised by and shall be responsible to the Assistant Secretary for Programs and Operations:

(a)  Division of Workforce and Employment Opportunities.

(b)  Division of Unemployment Compensation.

(c)  Division of Workers' Compensation.

²(d)  Division of Blind Services.

(e)  Division of Safety, which is repealed July 1, 2000.

(f)  Division of Vocational Rehabilitation.

(6)  It is the intent of the Legislature that the functions and programs of the divisions are to be coordinated and integrated to the maximum extent practicably feasible. The department shall have flexibility to minimize costs in managing its contractual obligations with respect to existing leases. Further, it is the intent of the Legislature that all key programs be colocated in five field offices. The department is directed to develop a schedule to achieve this colocation, to the maximum extent feasible, by no later than July 1, 2001; provided, however, in those instances where the department has contractual obligations with respect to existing leases which expire after July 1, 2001, the department may phase in relocations to the five field offices as said leases expire. The following field offices are established and shall be headed by managers:

(a)  Field Office I.--Panama City, which shall serve the following counties: Escambia, Santa Rosa, Okaloosa, Walton, Holmes, Washington, Bay, Jefferson, Calhoun, Gulf, Liberty, Franklin, Wakulla, Leon, Gadsden, and Jefferson.

(b)  Field Office II.--Lake City, which shall serve the following counties: Madison, Taylor, Dixie, Lafayette, Suwannee, Hamilton, Columbia, Baker, Union, Bradford, Clay, St. Johns, Duval, Nassau, Alachua, Putnam, Marion, Levy, Gilchrist, and Flagler.

(c)  Field Office III.--Orlando, which shall serve the following counties: Volusia, Lake, Seminole, Orange, Sumter, Brevard, Osceola, Indian River, Highlands, St. Lucie, Okeechobee, and Martin.

(d)  Field Office IV.--Tampa, which shall serve the following counties: Citrus, Hernando, Pasco, Pinellas, Hillsborough, Polk, Hardee, Manatee, Sarasota, DeSoto, Charlotte, and Lee.

(e)  Field Office V.--Miami, which shall serve the following counties: Palm Beach, Glades, Hendry, Collier, Broward, Monroe, and Dade.

(7)  The following commissions are established within the Department of Labor and Employment Security:

(a)  Public Employees Relations Commission.

(b)  Unemployment Appeals Commission.

History.--ss. 2, 3, ch. 78-201; s. 4, ch. 79-7; s. 47, ch. 79-40; s. 1, ch. 79-46; s. 62, ch. 79-190; ss. 6, 7, ch. 79-261; s. 1, ch. 79-308; s. 7, ch. 80-95; s. 1, ch. 81-119; s. 11, ch. 81-259; s. 1, ch. 83-174; s. 20, ch. 86-220; ss. 3, 6, ch. 90-201; s. 12, ch. 90-502; s. 2, ch. 91-1; s. 6, ch. 91-2; s. 81, ch. 95-147; s. 3, ch. 95-327; s. 1, ch. 95-345; s. 9, ch. 98-200; s. 2, ch. 99-240.

¹Note.--

A.  Section 4, ch. 99-240, provides that "[a]ll actions required by this act shall be accomplished within available appropriations of the Department of Labor and Employment Security."

B.  Section 34, ch. 99-240, provides that:

"(1)  The Department of Labor and Employment Security may offer, subject to the provisions of this section, active employees with 30 or more years of creditable service in a state-administered retirement system, or who are at least 62 years of age and are eligible for retirement in a state-administered retirement system, a one-time voluntary reduction-in-force payment during the 1999-2000 fiscal year. Such payment shall represent a payment of insurance costs and shall be paid as an annuity to be purchased by the department within funds appropriated for salary and benefits in the General Appropriations Act for fiscal year 1999-2000, which shall include funds derived from eliminating vacated positions. There shall be no annualization costs associated with this plan. The Secretary of Labor and Employment Security shall be deemed to be the public employer for purposes of negotiating the terms and conditions related to the reduction-in-force payments authorized by this section. All persons retiring under this program shall do so no later than January 1, 2000.

"(2)  The department, in consultation with the Department of Management Services, shall prepare a plan to implement the reduction-in-force payment authority for approval by the Office of Planning and Budgeting. Such plan must meet all applicable federal requirements regarding the expenditure of federal funds; all applicable federal tax laws; and all other federal and state laws regarding special compensation to employees, including the Age Discrimination in Employment Act and the Older Workers' Benefit Protection Act. The plan must specify the savings created through the payment mechanism and the reduction-in-force, specify the source of funding of the payments, and delineate a timetable for implementation.

"(3)  If approved by the Office of Planning and Budgeting, such plan shall be submitted to the Legislature subject to the notice, review, and objection process authorized in s. 216.177, Florida Statutes.

"(4)  This section shall take effect [June 8, 1999]."

²Note.--Section 39, ch. 99-240, provides that "[e]ffective January 1, 2001, the Division of Blind Services is transferred by a type two transfer as defined in section 20.06(5), Florida Statutes, from the Department of Labor and Employment Security to the Department of Education."

20.18  Department of Community Affairs.--There is created a Department of Community Affairs.

(1)  The head of the Department of Community Affairs is the Secretary of Community Affairs. The secretary shall be appointed by the Governor subject to confirmation by the Senate. The secretary shall serve at the pleasure of the Governor.

(2)  The following units of the Department of Community Affairs are established:

(a)  Division of Emergency Management.

(b)  Division of Housing and Community Development.

(c)  Division of Community Planning.

(3)  Unless otherwise provided by law, the Secretary of Community Affairs shall appoint the directors or executive directors of any commission or council assigned to the department, who shall serve at his or her pleasure as provided for division directors in s. 110.205. The appointment or termination by the secretary will be done with the advice and consent of the commission or council; and the director or executive director may employ, subject to departmental rules and procedures, such personnel as may be authorized and necessary.

(4)  In addition to its other powers, duties, and functions, the department shall, under the general supervision of the secretary and the Interdepartmental Coordinating Council on Community Services, assist and encourage the development of state programs by the various departments for the productive use of human resources, and the department shall work with other state agencies in order that together they might:

(a)  Effect the coordination, by the responsible agencies of the state, of the vocational, technical, and adult educational programs of the state in order to provide the maximum use and meaningful employment of persons completing courses of study from such programs;

(b)  Assist the ¹Department of Commerce in the development of employment opportunities; and

(c)  Improve the enforcement of special district reporting requirements and the communication among state agencies that receive mandatory reports from special districts.

(5)  The role of state government required by part I of chapter 421 (Housing Authorities Law), chapter 422 (Housing Cooperation Law), chapter 423 (tax exemption of housing authorities), and chapter 424 (limited dividend housing companies) is the responsibility of the Department of Community Affairs; and the department is the agency of state government responsible for the state's role in housing and urban development.

(6)  The department is the agency of state government responsible for collection and analysis of information on energy resources in this state, for coordination of the energy conservation programs of state agencies, and for coordination of the development, review, and implementation of state energy policy. The energy program responsibilities of the department set forth in this subsection shall be carried out by the Office of the Secretary of Community Affairs until such time as the secretary determines that such responsibilities should be redistributed within the various divisions of the department and submits a report to the Legislature with respect thereto.

History.--s. 18, ch. 69-106; s. 2, ch. 71-137; ss. 2, 3, ch. 74-285; ss. 1, 2, ch. 74-307; s. 2, ch. 75-151; s. 7, ch. 75-210; s. 9, ch. 77-104; s. 1, ch. 77-330; s. 4, ch. 78-323; s. 5, ch. 79-7; s. 1, ch. 79-10; s. 1, ch. 79-65; s. 4, ch. 79-164; s. 47, ch. 79-190; s. 7, ch. 79-261; s. 2, ch. 80-61; ss. 1, 2, ch. 81-298; ss. 1, 4, ch. 82-46; s. 4, ch. 82-387; s. 2, ch. 83-55; s. 2, ch. 83-85; s. 3, ch. 83-174; s. 2, ch. 83-265; s. 2, ch. 84-241; s. 1, ch. 87-172; s. 32, ch. 88-376; s. 31, ch. 89-169; s. 1, ch. 91-113; s. 82, ch. 95-147; s. 1, ch. 98-176.

¹Note.--Section 20.17, which created the Department of Commerce, was repealed by s. 3, ch. 96-320.

¹20.19  Department of Children and Family Services.--There is created a Department of Children and Family Services.

(1)  MISSION AND PURPOSE.--

(a)  The mission of the Department of Children and Family Services is to work in partnership with local communities to help people be self-sufficient and live in stable families and communities.

(b)  The purposes of the Department of Children and Family Services are to deliver, or provide for the delivery of, all family services offered by the state through the department to its citizens and include, but are not limited to:

1.  Cooperating with other state and local agencies in integrating the delivery of all family and health services offered by the state to those citizens in need of assistance.

2.  Providing such assistance as is authorized to all eligible clients in order that they might achieve or maintain economic self-support and self-sufficiency to prevent, reduce, or eliminate dependency.

3.  Preventing or remedying the neglect, abuse, or exploitation of children and of adults unable to protect their own interests.

4.  Aiding in the preservation, rehabilitation, and reuniting of families.

5.  Preventing or reducing inappropriate institutional care by providing for community-based care, home-based care, or other forms of less intensive care.

6.  Securing referral or admission for institutional care when other forms of care are not appropriate, or providing services to individuals in institutions when necessary.

7.  Improving the quality of life for persons with mental illnesses and persons with developmental disabilities.

(c)  In fulfillment of this mission and these purposes, the department shall create a 5-year strategic plan which reflects broad societal outcomes, sets forth a broad framework within which the district plans are developed, and establishes a set of measurable goals and objectives and operational performance standards to ensure that the department is accountable to the people of Florida.

(d)  The secretary, deputy secretary, district administrators, and assistant secretaries are authorized to appoint ad hoc advisory committees when necessary. The problem or issue that an ad hoc committee is asked to address, and the timeframe within which the committee is to complete its work, shall be specified at the time of the initial appointment of the committee. Ad hoc advisory committees shall include representatives of individuals, groups, associations, or institutions that may be affected by the issue or problem that the committee is asked to examine. Committee members shall receive no compensation, but may, within existing resources of the department, be reimbursed for travel expenses as provided for in s. 112.061.

(2)  SECRETARY OF CHILDREN AND FAMILY SERVICES; DEPUTY SECRETARY.--

(a)  The head of the department is the Secretary of Children and Family Services. The secretary is appointed by the Governor subject to confirmation by the Senate. The secretary serves at the pleasure of the Governor.

(b)  The secretary shall appoint a deputy secretary who shall act in the absence of the secretary. The deputy secretary is directly responsible to the secretary, performs such duties as are assigned by the secretary, and serves at the pleasure of the secretary.

(c)  The secretary shall ensure the establishment of statewide needs assessment methodologies for all departmental client target groups, to be applied uniformly across the state in order to identify the total statewide need for the target group and ensure comparability of data from one service district region to another. As appropriate, these methodologies shall include health, economic, and sociodemographic indicators of need and shall ensure the use of uniform waiting list criteria.

(d)  The secretary has the authority and responsibility to ensure that the purpose of the department is fulfilled in accordance with state and federal laws, rules, and regulations.

(e)  The secretary is responsible for evaluation, departmental legal services, and inspector general functions. The secretary may assign performance of evaluation functions or departmental legal services to any appropriate unit within the department.

(f)  The secretary may establish regional processing centers to provide selected administrative functions designed to support multiple districts. These offices may not have line authority over district offices and may not be interposed between district management and the secretary. These offices may be created, consolidated, restructured, or rearranged by the secretary, within the limitations provided for in chapter 216, in order to achieve more effective and efficient performance of service delivery and support functions to multiple districts. In the establishment of any administrative processing centers pursuant to this paragraph, the department is directed to avoid consolidation of functions that support service-delivery decisionmaking such as budgetary functions; discretionary decisions regarding procurement of goods and services; and decisions regarding recruitment, hiring, and evaluation of staff. This paragraph does not restrict local decisionmaking by supervisors or managers regarding discretionary functions. Any consolidation of administrative functions under this paragraph shall be designed to minimize any adverse impact on service districts or institutions.

(3)  OFFICE OF STANDARDS AND EVALUATION.--There is created under the secretary the Office of Standards and Evaluation which has the following responsibilities:

(a)  Establishing systems and strategies to evaluate performance in achieving outcome measures and performance and productivity standards related to service delivery, program and financial administration, and support, with the assistance of the assistant secretaries, district administrators, and health and human services boards.

(b)  Directing the development of monitoring and quality assurance systems for statewide and district services that will routinely assess the efficiency and effectiveness of departmental and provider staff and services.

(c)  Validating the monitoring and quality assurance activities of statewide and district service providers and staff to ensure that these activities are being conducted routinely and that corrective action is being taken to eliminate deficiencies detected by these activities.

(d)  Conducting evaluations, directly or by contract, of programs and services provided by the department to determine whether improvement in the condition of individuals, families, and communities has occurred as a result of these programs and services. The evaluations must include an assessment of the short-term effects on individuals and families and the long-term effects on communities and the state. Outcome evaluation studies shall be conducted in response to priorities determined by the department and the Legislature and to the extent that funding is provided by the Legislature.

(e)  Consulting with the inspector general to ensure the integrity of the monitoring and evaluation process and the validity of the data derived from these activities.

(f)  Developing procedures for the competitive procurement of external evaluations, including detailed specifications for all evaluation contracts.

(g)  Developing the budget for the department's evaluation efforts and identifying future evaluation needs, including infrastructure needs to support the outcome evaluation function.

(h)  Evaluating and reporting to the Legislature, beginning December 31, 1999, and by October 31 of each subsequent year, on the following issues:

1.  The effectiveness of the department's performance contracting system in accomplishing program outcomes and in continuously improving performance.

2.  The adequacy of resources and internal controls used by each program and service district to ensure effectiveness and quality of client services provided through standard contracts and other agreements.

3.  The effectiveness and quality of contracted services for each client target group, as determined by annual performance reporting and results of quality assurance monitoring.

4.  The status of the department's progress in complying with the provisions of this act, including the work of the contract evaluation teams established pursuant to paragraph (10)(g).

(i)  Such other duties relating to evaluation as may be assigned to the Office of Standards and Evaluation by the secretary.

(4)  CERTIFICATION PROGRAMS FOR DEPARTMENT EMPLOYEES.--The department is authorized to create certification programs for family safety and preservation employees and agents to ensure that only qualified employees and agents provide child protection services. The department is authorized to develop rules that include qualifications for certification, including training and testing requirements, continuing education requirements for ongoing certification, and decertification procedures to be used to determine when an individual no longer meets the qualifications for certification and to implement the decertification of an employee or agent.

(5)  PROGRAM OFFICES.--

(a)  There are created program offices, each of which shall be headed by an assistant secretary who shall be appointed by and serve at the pleasure of the secretary. Each program office shall have the following responsibilities:

1.  Ensuring that family services programs are implemented according to legislative intent and as provided in state and federal laws, rules, and regulations.

2.  Establishing program standards and performance objectives.

3.  Reviewing, monitoring, and ensuring compliance with statewide standards and performance measures.

4.  Providing general statewide supervision of the administration of service programs, including, but not limited to:

a.  Developing and coordinating training for service programs.

b.  Coordinating program research.

c.  Identifying statewide program needs and recommending solutions and priorities.

d.  Providing technical assistance for the administrators and staff of the service districts.

e.  Assisting district administrators in staff development and training.

f.  Monitoring service programs to ensure program quality among service districts.

5.  Developing workload and productivity standards.

6.  Developing resource allocation methodologies.

7.  Compiling reports, analyses, and assessment of client needs on a statewide basis.

8.  Ensuring the continued interagency collaboration with the Department of Education for the development and integration of effective programs to serve children and their families.

9.  Other duties as are assigned by the secretary.

(b)  The following program offices are established and may be consolidated, restructured, or rearranged by the secretary; provided any such consolidation, restructuring, or rearranging is for the purpose of encouraging service integration through more effective and efficient performance of the program offices or parts thereof:

1.  Economic Self-Sufficiency Program Office.--The responsibilities of this office encompass income support programs within the department, such as temporary assistance to families with dependent children, food stamps, welfare reform, and state supplementation of the supplemental security income (SSI) program.

2.  Developmental Services Program Office.--The responsibilities of this office encompass programs operated by the department for developmentally disabled persons. Developmental disabilities include any disability defined in s. 393.063.

3.  Children and Families Program Office.--The responsibilities of this program office encompass early intervention services for children and families at risk; intake services for protective investigation of abandoned, abused, and neglected children; interstate compact on the placement of children programs; adoption; child care; out-of-home care programs and other specialized services to families.

4.  Alcohol, Drug Abuse, and Mental Health Program Office.--The responsibilities of this office encompass all alcohol, drug abuse, and mental health programs operated by the department.

(6)  ASSISTANT SECRETARY FOR ADMINISTRATION.--

(a)  The secretary shall appoint an Assistant Secretary for Administration who serves at the pleasure of the secretary. The Assistant Secretary for Administration is responsible for:

1.  Supervising all of the budget management activities of the department and serving as the chief budget officer of the department.

2.  Providing administrative and management support services above the district level.

3.  Monitoring administrative and management support services in the districts.

4.  Developing and implementing uniform policies, procedures, and guidelines with respect to personnel administration, finance and accounting, budget, grants management and disbursement, contract administration, procurement, information and communications systems, management evaluation and improvement, and general services, including housekeeping, maintenance, and leasing of facilities.

5.  Performing such other administrative duties as are assigned by the secretary.

(b)  If reductions in a district's operating budget become necessary during any fiscal year, the department shall develop a formula to be used in its recommendations to the Governor and Legislature which does not disproportionately reduce a district's operating budget because of voluntary county appropriations to department programs.

(c)  The Assistant Secretary for Administration shall evaluate and report to the Legislature by July 1, 1999, and annually thereafter, on the methods used by each program to ensure the fiscal accountability of each provider of client services with whom the department contracts.

(d)  The Assistant Secretary for Administration shall evaluate the administrative operations of the districts, and may require that districts develop and submit corrective action plans in those areas that do not conform to the department's uniform operating procedures.

(7)  SERVICE DISTRICTS.--The department shall plan and administer its programs of family services through service districts and subdistricts composed of the following counties:

District 1.--Escambia, Santa Rosa, Okaloosa, and Walton Counties;

District 2, Subdistrict A.--Holmes, Washington, Bay, Jackson, Calhoun, and Gulf Counties;

District 2, Subdistrict B.--Gadsden, Liberty, Franklin, Leon, Wakulla, Jefferson, Madison, and Taylor Counties;

District 3.--Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and Alachua Counties;

District 4.--Baker, Nassau, Duval, Clay, and St. Johns Counties;

District 5.--Pasco and Pinellas Counties;

District 6.--Hillsborough and Manatee Counties;

District 7, Subdistrict A.--Seminole, Orange, and Osceola Counties;

District 7, Subdistrict B.--Brevard County;

District 8, Subdistrict A.--Sarasota and DeSoto Counties;

District 8, Subdistrict B.--Charlotte, Lee, Glades, Hendry, and Collier Counties;

District 9.--Palm Beach County;

District 10.--Broward County;

District 11, Subdistrict A.--Dade County;

District 11, Subdistrict B.--Monroe County;

District 12.--Flagler and Volusia Counties;

District 13.--Marion, Citrus, Hernando, Sumter, and Lake Counties;

District 14.--Polk, Hardee, and Highlands Counties; and

District 15.--Indian River, Okeechobee, St. Lucie, and Martin Counties.

(8)  HEALTH AND HUMAN SERVICES BOARDS.--

(a)  There is created at least one health and human services board in each service district for the purpose of encouraging the initiation and support of interagency cooperation and collaboration in addressing family services needs and promoting service integration. The initial membership and the authority to appoint the members shall be allocated among the counties of each district as follows:

1.  District 1 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Escambia County, 6 members; Okaloosa County, 3 members; Santa Rosa County, 2 members; and Walton County, 1 member.

2.  District 2 has a board composed of 23 members, with 5 at-large members to be appointed by the Governor, and 18 members to be appointed by the boards of county commissioners in the respective counties, as follows: Holmes County, 1 member; Washington County, 1 member; Bay County, 2 members; Jackson County, 1 member; Calhoun County, 1 member; Gulf County, 1 member; Gadsden County, 1 member; Franklin County, 1 member; Liberty County, 1 member; Leon County, 4 members; Wakulla County, 1 member; Jefferson County, 1 member; Madison County, 1 member; and Taylor County, 1 member.

3.  District 3 has a board composed of 19 members, with 4 at-large members to be appointed by the Governor, and 15 members to be appointed by the boards of county commissioners of the respective counties, as follows: Hamilton County, 1 member; Suwannee County, 1 member; Lafayette County, 1 member; Dixie County, 1 member; Columbia County, 1 member; Gilchrist County, 1 member; Levy County, 1 member; Union County, 1 member; Bradford County, 1 member; Putnam County, 1 member; and Alachua County, 5 members.

4.  District 4 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Baker County, 1 member; Nassau County, 1 member; Duval County, 7 members; Clay County, 2 members; and St. Johns County, 1 member.

5.  District 5 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Pasco County, 3 members; and Pinellas County, 9 members.

6.  District 6 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Hillsborough County, 9 members; and Manatee County, 3 members.

7.  District 7 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners in the respective counties, as follows: Seminole County, 3 members; Orange County, 5 members; Osceola County, 1 member; and Brevard County, 3 members.

8.  District 8 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners in the respective counties, as follows: Sarasota County, 3 members; DeSoto County, 1 member; Charlotte County, 1 member; Lee County, 3 members; Glades County, 1 member; Hendry County, 1 member; and Collier County, 2 members.

9.  District 9 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the Board of County Commissioners of Palm Beach County.

10.  District 10 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the Board of County Commissioners of Broward County.

11.  District 11 has two boards, one from Dade County and one from Monroe County. Each board is composed of 15 members, with 3 at-large members to be appointed to each board by the Governor, and 12 members to be appointed by each of the respective boards of county commissioners.

12.  District 12 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Flagler County, 3 members; and Volusia County, 9 members.

13.  District 13 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Marion County, 4 members; Citrus County, 2 members; Hernando County, 2 members; Sumter County, 1 member; and Lake County, 3 members.

14.  District 14 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Polk County, 9 members; Highlands County, 2 members; and Hardee County, 1 member.

15.  District 15 has a board composed of 15 members, with 3 at-large members to be appointed by the Governor, and 12 members to be appointed by the boards of county commissioners of the respective counties, as follows: Indian River County, 3 members; Okeechobee County, 1 member; St. Lucie County, 5 members; and Martin County, 3 members.

Notwithstanding any other provisions of this subsection, in districts consisting of two counties, the number of members to be appointed by any one board of county commissioners may not be fewer than three nor more than nine.

(b)  At any time after the adoption of initial bylaws pursuant to paragraph (o), a district health and human services board may adopt a bylaw that enlarges the size of the board up to a maximum of 23 members, or otherwise adjusts the size or composition of the board, including a decision to change from a district board to subdistrict boards, or from a subdistrict board to a district board, if in the judgment of the board, such change is necessary to adequately represent the diversity of the population within the district or subdistrict. In the creation of subdistrict boards, the bylaws shall set the size of the board, not to exceed 15 members, and shall set the number of appointments to be made by the Governor and the respective boards of county commissioners in the subdistrict. The Governor shall be given the authority to appoint no fewer than one-fifth of the members. Current members of the district board shall become members of the subdistrict board in the subdistrict where they reside. Vacancies on a newly created subdistrict board shall be filled from among the list of nominees submitted to the ²subdistrict nominee qualifications review committee pursuant to subsection (9).

(c)  The appointments by the Governor and the boards of county commissioners are from nominees selected by the appropriate district nominee qualifications review committee pursuant to subsection (9). Membership of each board must be representative of its district with respect to age, gender, and ethnicity. For boards having 15 members or fewer, at least two members must be consumers of the department's services. For boards having more than 15 members, there must be at least three consumers on the board. Members must have demonstrated their interest and commitment to, and have appropriate expertise for, meeting the health and family services needs of the community. The Governor shall appoint nominees whose presence on the health and human services board will help assure that the board reflects the demographic characteristics and consumer perspective of each of the service districts.

(d)1.  Board members shall submit annually a disclosure statement of health and family services interests to the department's inspector general and the board. Any member who has an interest in a matter under consideration by the board must abstain from voting. Board members are subject to the provisions of s. 112.3145, relating to disclosure of financial interests.

2.  Individual providers or employees of provider agencies, other than employees of units of local or state government, may not serve as health and human services board members but may serve in an advisory capacity to the board. Salaried employees of units of local or state government occupying positions providing services under contract with the department may not serve as members of the board. Elected officials who have authority to appoint members to a health and human services board may not serve as members of a board. The district administrator shall serve as a nonvoting ex officio member of the board. A department employee may not be a member of the board.

(e)  Appointments to fill vacancies created by the death, resignation, or removal of a member are for the unexpired term. A member may not serve more than two full consecutive terms.

(f)  A member who is absent from three meetings within any 12-month period, without having been excused by the chairperson, is deemed to have resigned, and the board shall immediately declare the seat vacant. Members may be suspended or removed for cause by a majority vote of the board members or by the Governor.

(g)  Members of the health and human services boards shall serve without compensation, but are entitled to receive reimbursement for per diem and travel expenses as provided in s. 112.061. Payment may also be authorized for preapproved child care expenses or lost wages for members who are consumers of the department's services and for preapproved child care expenses for other members who demonstrate hardship.

(h)  Appointees to the health and human services board are subject to the provisions of chapter 112, part III, Code of Ethics for Public Officers and Employees.

(i)  Actions taken by the board must be consistent with departmental policy and state and federal laws, rules, and regulations.

(j)  The department shall provide comprehensive orientation and training to the members of the boards to enable them to fulfill their responsibilities.

(k)  Each health and human services board, and each of its subcommittees, shall hold periodic public meetings and hearings throughout the district to receive input on the development of the district service delivery plan, the legislative budget request, and the performance of the department.

(l)  Except as otherwise provided in this section, responsibility and accountability for local family services planning rests with the health and human services boards. All local family-services-related planning or advisory councils shall submit their plans to the health and human services boards. The boards shall provide input on the plan's attention to integrating service delivery at the local level. The health and human services boards may establish additional subcouncils or technical advisory committees.

(m)  The health and human services boards shall operate through an annual agreement negotiated between the secretary and the board. Such agreements must include expected outcomes and provide for periodic reports and evaluations of district and board performance and must also include a core set of service elements to be developed by the secretary and used by the boards in district needs assessments to ensure consistency in the development of district legislative budget requests.

(n)  The annual agreement between the secretary and the board must include provisions that specify the procedures to be used by the parties to resolve differences in the interpretation of the agreement or disputes as to the adequacy of the parties' compliance with their respective obligations under the agreement.

(o)  Health and human services boards have the following responsibilities, with respect to those programs and services assigned to the districts, as developed jointly with the district administrator:

1.  Establish district outcome measures consistent with statewide outcomes.

2.  Conduct district needs assessments using methodologies consistent with those established by the secretary.

3.  Negotiate with the secretary a district performance agreement that:

a.  Identifies current resources and services available;

b.  Identifies unmet needs and gaps in services;

c.  Establishes service and funding priorities;

d.  Establishes outcome measures for the district; and

e.  Identifies expenditures and the number of clients to be served, by service.

4.  Provide budget oversight, including development and approval of the district's legislative budget request.

5.  Provide policy oversight, including development and approval of district policies and procedures.

6.  Act as a focal point for community participation in department activities such as:

a.  Assisting in the integration of all health and social services within the community;

b.  Assisting in the development of community resources;

c.  Advocating for community programs and services;

d.  Receiving and addressing concerns of consumers and others; and

e.  Advising the district administrator on the administration of service programs throughout the district.

7.  Advise the district administrator on ways to integrate the delivery of family and health care services at the local level.

8.  Make recommendations which would enhance district productivity and efficiency, ensure achievement of performance standards, and assist the district in improving the effectiveness of the services provided.

9.  Review contract provider performance reports.

10.  Immediately upon appointment of the membership, develop bylaws that clearly identify and describe operating procedures for the board. At a minimum, the bylaws must specify notice requirements for all regular and special meetings of the board, the number of members required to constitute a quorum, and the number of affirmative votes of members present and voting that are required to take official and final action on a matter before the board.

11.a.  Determine the board's internal organizational structure, including the designation of standing committees. In order to foster the coordinated and integrated delivery of family services in its community, a local board shall use a committee structure that is based on issues, such as children, housing, transportation, or health care. Each such committee must include consumers, advocates, providers, and department staff from every appropriate program area. In addition, each board and district administrator shall jointly identify community entities, including, but not limited to, the Area Agency on Aging, and resources outside the department to be represented on the committees of the board.

b.  The district juvenile justice boards established in s. 985.413 constitute the standing committee on issues relating to planning, funding, or evaluation of programs and services relating to the juvenile justice continuum.

12.  Participate with the secretary in the selection of a district administrator according to the provisions of paragraph (10)(b).

13.  Complete an annual evaluation of the district and review the evaluation at a meeting of the board at which the public has an opportunity to comment.

14.  Provide input to the secretary on the annual evaluation of the district administrator. The board may request that the secretary submit a written report on the actions to be taken to address negative aspects of the evaluation. At any time, the board may recommend to the secretary that the district administrator be discharged. Upon receipt of such a recommendation, the secretary shall make a formal reply to the board stating the action to be taken with respect to the board's recommendation.

15.  Elect a chair and other officers, as specified in the bylaws, from among the members of the board.

(9)  DISTRICT NOMINEE QUALIFICATIONS REVIEW COMMITTEES.--

(a)  There is created a nominee qualifications review committee in each service district for the purpose of screening and evaluating applicants and recommending nominees for the district health and human services board. A member of a nominee qualifications review committee must be a resident of the district and is not eligible to be nominated for appointment to a health and human services board.

(b)  The appointments to a nominee qualifications review committee are made as follows:

1.  In a district composed of one county, the Governor shall appoint two members, the board of county commissioners shall appoint two members, the district school board shall appoint one member, the chief judge of the circuit shall appoint one member, and these appointees shall appoint three additional members.

2.  In a district composed of two counties, the Governor shall appoint two members, each board of county commissioners shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint three additional members.

3.  In a district composed of three counties, the Governor shall appoint two members, each board of county commissioners shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint four additional members.

4.  In a district composed of four counties, the Governor shall appoint two members, each board of county commissioners shall appoint one member, except that the board of county commissioners of the most populous county shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint four additional members.

5.  In a district composed of five counties, the Governor shall appoint three members, each board of county commissioners shall appoint one member, except that the board of county commissioners of the most populous county shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint five additional members.

6.  In a district composed of six counties, the Governor shall appoint three members, each board of county commissioners shall appoint one member, except that the board of county commissioners of the most populous county shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint three additional members.

7.  In a district composed of eight counties, the Governor shall appoint three members, each board of county commissioners shall appoint one member, except that the board of county commissioners of the most populous county shall appoint two members, each district school board shall appoint one member, the chief judge of the circuit containing the most populous county shall appoint one member, and these appointees shall appoint three additional members.

8.  In a district composed of 11 counties, the Governor shall appoint 2 members, each board of county commissioners shall appoint 1 member, except that the board of county commissioners of the most populous county shall appoint 2 members, each district school board shall appoint 1 member, the chief judge of the circuit containing the most populous county shall appoint 1 member, and these appointees shall appoint 3 additional members.

(c)  Appointees to a district nominee qualifications review committee must have substantial professional or volunteer experience in planning, delivering, or evaluating health and family services within their communities. In addition to these qualifications, it is the intent of the Legislature that nominee qualifications review committees represent the diversity of their respective districts by the inclusion of representation of such groups as:

1.  County government;

2.  District school systems;

3.  The judiciary;

4.  Law enforcement;

5.  Consumers of departmental services;

6.  Advocates for persons receiving or eligible to receive services provided or funded by the department;

7.  Funders of health and family services in the community;

8.  The medical community;

9.  Chambers of commerce;

10.  Major cities; and

11.  Universities and community colleges.

(d)  The initial terms of persons appointed by the Governor or board of county commissioners are for 2 years. Persons initially appointed by other appointing authorities have 4-year terms. Thereafter, the terms of all appointees are 4 years. A person who, at the expiration of his or her term, has served on a nominee qualifications review committee for more than 5 years is not eligible for reappointment.

(e)  Members of a nominee qualifications review committee shall serve without compensation, but are entitled to receive reimbursement for per diem and travel expenses as provided in s. 112.061. Payment may also be authorized for preapproved child care expenses or lost wages for members who are consumers of the department and for preapproved child care expenses for other members who demonstrate hardship.

(f)  Each district nominee qualifications review committee shall conduct its business according to the following procedures:

1.  The public shall be provided reasonable advance notice of regular and special meetings;

2.  A majority of the members, plus one, is necessary to constitute a quorum, and the affirmative vote of a majority of those present is necessary to take official action;

3.  All meetings and records shall be open to the public pursuant to s. 286.011;

4.  The deadline for submission of nominee applications may not be less than 30 days after the date of publication of a notice of vacancy and solicitation of nominee applications from interested persons; and

5.  A person may not be nominated for appointment to a district health and human services board except by submission of a standard nominee application form, which shall be developed by the department and distributed to all nominee qualifications review committees.

(g)  Each district nominee qualifications review committee shall submit to the appointing authorities in its respective district a pool of nominees equal to three times the number of vacancies on the district health and human services board. The pool of nominees submitted by each district nominee qualifications review committee must be balanced with respect to age, gender, ethnicity, and other demographic characteristics so that the appointees to the district health and human services board reflect the diversity of the population within its service district. It is the further intent of the Legislature that the Governor appoint nominees whose presence on the health and human services board will help assure that the board reflects the demographic characteristics and consumer perspectives of each of the service districts. If, following the appointments by the boards of county commissioners, the remaining nominees in the pool do not, in the judgment of the Governor, provide sufficient diversity to effectuate the intent of this paragraph, the Governor may request that the district nominee qualifications review committee submit the names of three additional nominees for each vacant position on the board.

(10)  DISTRICT ADMINISTRATOR.--

(a)  The secretary shall appoint a district administrator for each of the service districts. Each district administrator serves at the pleasure of the secretary and has the same standing within the department as an assistant secretary. Except as otherwise provided in this section, each district administrator has direct line authority over all departmental programs assigned to the district. In addition to those responsibilities assigned by law, the district administrator shall carry out those duties delegated by the secretary.

(b)  Upon the resignation or removal of a district administrator, the secretary shall notify the chairperson of the health and human services board in the district and shall advertise the position in accordance with departmental policy. The board, or a designated committee of the board, shall solicit applications for the position of district administrator, screen applicants, and submit the names of not more than five nor fewer than three qualified candidates to the secretary. The secretary shall appoint the district administrator from among the nominees submitted by the health and human services board. If the secretary determines that none of the nominees should be appointed, the secretary shall notify the board and request that additional recruitment efforts be initiated and that, following such efforts, the names of additional qualified nominees be submitted. Applications for the position of district administrator are public records; and meetings of the board or a committee of the board for the purpose of screening, evaluating, or interviewing an applicant for the position of district administrator are open to the public.

(c)  The duties of the district administrator include, but are not limited to:

1.  Ensuring jointly with the health and human services board that the administration of all service programs is carried out in conformity with state and federal laws, rules, and regulations, statewide service plans, and any other policies, procedures, and guidelines established by the secretary.

2.  Administering the offices of the department within the district and directing and coordinating all personnel, facilities, and programs of the department located in that district, except as otherwise provided herein.

3.  Applying standard information, referral, intake, diagnostic and evaluation, and case management procedures established by the secretary. Such procedures shall include, but are not limited to, a protective investigation system for dependency programs serving abandoned, abused, and neglected children.

4.  Centralizing to the greatest extent possible the administrative functions associated with the provision of services of the department within the district.

5.  Coordinating the services provided by the department in the district with those of other districts, with the Secretary of Juvenile Justice, the district juvenile justice manager, and public and private agencies that provide health, social, educational, or rehabilitative services within the district. Such coordination of services includes cooperation with the superintendent of each school district in the department's service district to achieve the first state education goal, readiness to start school.

6.  Except as otherwise provided in this section, appointing all personnel within the district. The district administrator and the secretary shall jointly appoint the superintendent of each institution under the jurisdiction of the department within the district.

7.  Establishing, with the approval of the health and human services board, such policies and procedures as may be required to discharge his or her duties and implement and conform the policies, procedures, and guidelines established by the secretary to the needs of the district.

8.  Transferring up to 10 percent of the total district budget, with the approval of the secretary, to maximize effective program delivery, the provisions of ss. 216.292 and 216.351 notwithstanding.

(d)  Two or more district administrators may, with the approval of the secretary, consolidate administrative functions in order to achieve more efficient and effective performance of service delivery and support functions.

(e)  Programs at the district level are in the following areas: alcohol, drug abuse, and mental health; developmental services; economic self-sufficiency services; and children and family services. There may be a program supervisor for each program, or the district administrator may combine programs under a program manager or program supervisor if such arrangement is approved by the secretary.

(f)  The district manager for administrative services shall provide the following administrative and management support services to the district in accordance with the uniform policies, procedures, and guidelines established by the Assistant Secretary for Administration:

1.  Finance and accounting.

2.  Grants management and disbursement.

3.  Personnel administration.

4.  Purchasing and procurement.

5.  General services, including housekeeping and maintenance of facilities.

6.  Assisting the district administrator in preparation of the district budget request and administration of the approved operating budget.

7.  The district manager for administrative services is the chief budget officer of the district.

8.  Other administrative duties as assigned by the district administrator.

(g)  To ensure effective contract management, each district administrator shall establish an interdisciplinary contract evaluation team to assess the efficacy of district contracts and evaluate contractor performance and administrative compliance. The contract evaluation team shall report their findings to, and coordinate their activities with, the Office of Standards and Evaluation.

(11)  STATEWIDE HEALTH AND HUMAN SERVICES BOARD.--There is created the Statewide Health and Human Services Board consisting of the chairs of the district health and human services boards or their designees. The statewide board shall meet at least twice annually and as needed, upon the call of the secretary. The statewide board shall advise the secretary on statewide issues and identify barriers to and opportunities for effective and efficient local service delivery and the integration of health and family services. Each member attending these meetings is entitled to receive reimbursement for per diem and travel expenses as provided in s. 112.061.

(12)  DEPARTMENTAL BUDGET.--

(a)  The secretary shall develop and submit annually to the Legislature a comprehensive departmental summary budget document which arrays each district budget request along program lines and, for the purpose of legislative appropriation, consists of the following distinct budget entities:

1.  Department Administration.

2.  Statewide Services.

3.  Entitlement Benefits and Services.

4.  District Services.

The department shall revise its budget entity designations to conform with the four budget entities. The department, in accordance with chapter 216, shall transfer, as necessary, funds and positions among budget entities to realign appropriations with the revised budget entity designations. Such authorized revisions must be consistent with the intent of the approved operating budget. The various district budget requests developed pursuant to paragraph (d) shall be included in the comprehensive departmental summary budget document.

(b)  To fulfill this responsibility, the secretary may review, amend, and approve the annual budget request of all departmental activities pursuant to s. 216.023.

(c)  It is the responsibility of the Assistant Secretary for Administration to promulgate the necessary budget timetables, formats, and data requirements for all departmental budget requests in accordance with the statewide budget requirements of the Executive Office of the Governor.

(d)  It is the responsibility of the district administrator, jointly with the health and human services board, to develop an annual district budget request to be reviewed, amended, and approved by the secretary. Annual budget requests are based on units of service and the costs of those services.

(e)  The department's program planning, budgeting, and information systems capabilities are required to be linked. Identification of resource requirements and legislative appropriations are based upon systematic identification of target client populations and appropriate service arrays, defined units of measurement and data captured for unit costing purposes, and tracking services delivered in a manner so that program outcomes can be determined. The department shall implement an integrated, unit cost based budgeting system across target client populations.

(13)  CONFORMITY WITH FEDERAL STATUTES AND REGULATIONS.--It is the intent of the Legislature that this section not conflict with any federal statute or implementing regulation governing federal grant-in-aid programs administered by the department. Whenever such a conflict is asserted by the applicable agency of the Federal Government, the secretary of the department shall submit to the United States Department of Health and Human Services, or other applicable federal agency, a request for a favorable policy response or a waiver of the conflicting portions. If such request is approved, as certified in writing by the Secretary of the United States Department of Health and Human Services or head of the other applicable federal agency, the secretary of the department is authorized to make the adjustments in the organization and state service plan prescribed by this section which are necessary for conformity to federal statutes and regulations. Prior to making such adjustments, the secretary shall provide to the Speaker of the House of Representatives and the President of the Senate an explanation and justification of the position of the department and shall outline all feasible alternatives consistent with the provisions of this section. These alternatives may include the state supervision of local service agencies by the department if such agencies are designated by the Governor. The Governor is hereby authorized to designate local agencies of county governments to provide services pursuant to federally required state plans administered by the department. These local agencies shall provide services for and on behalf of the county governments included within the geographic boundaries of the local agency. The board of commissioners of each county within the local agency shall annually approve the service plan to be provided by the local service agency. In order to assure coordination with other health and family services provided to citizens within each county, local service agencies designated by the Governor pursuant to this section shall correspond to the service districts created pursuant to subsection (7). The district administrator of each service district is designated the head of the local service agency. As head of the local service agency, the district administrator shall administer the service programs in conformity with statewide policies, procedures, and guidelines established by the department. The local agency shall administer its program pursuant to a written agreement with the department which:

(a)  Indicates that the local agency will conduct its program under the supervision of the department in accordance with the state plan and in compliance with statewide standards as established by the department, including standards of organization and administration.

(b)  Sets forth the methods to be followed by the department in its supervision of the local agency, including an evaluation of the effectiveness of the program of the local agency.

(c)  Sets forth the basis on which the department participates financially in its locally administered programs.

(d)  Indicates whether the local agency will utilize another local public or nonprofit agency in the provision of services and the arrangements for such utilization.

The local agency is responsible for the administration of all aspects of the program within the political subdivisions which it serves. In order to assure uniformity of personnel standards, the local agency shall utilize the state personnel rules and regulations, including provisions related to tenure, selection, appointment, and qualifications of personnel.

(14)  INFORMATION SYSTEMS.--

(a)  The secretary shall appoint a Chief Information Officer with the authority for agency development and management information systems maintenance, policies, and procedures as provided for in chapter 282. The Chief Information Officer shall direct and promote information as a strategic asset and facilitate integration of data systems and agency and interagency resource sharing as allowed by applicable statutes. The Chief Information Officer serves at the pleasure of the secretary.

(b)  The Chief Information Officer is directly responsible for the management of the management information systems service center that provides primary information systems support for all entities within the department and maintains fee-for-service provisions for use by other agencies. The Chief Information Officer shall negotiate service-level agreements between the management information systems service center and users and shall facilitate integrated information systems practices and procedures throughout the service districts and with local service providers.

(c)  The secretary shall implement a priority program aimed at the design, testing, and integration of automated information systems necessary for effective and efficient management of the department and clients. These systems shall contain, minimally, management data, client data, and program data deemed essential for the ongoing administration of service delivery, as well as for the purpose of management decisions. It is the intent of the Legislature that these systems be developed with the idea of providing maximum administrative support to the delivery of services and to allow for the development of a more logical alignment of programs, services, and budget structures to effectively address the problems of any person who receives the services of the department. It is also essential that these systems comply with federal program requirements and ensure confidentiality of individual client information.

(d)  The department's information systems are developed to support a client outcome-based budget and management system. At a minimum, these systems must use a unit of service basis to measure contract performance, integrate client demographic and unit cost information, and provide for program outcome measurement.

(e)  For the purpose of funding this effort, the department shall include in its annual budget request a comprehensive summary of costs involved, as well as human resources saved, and the availability of costs for private sector systems in the establishment of these automated systems. Such budget request shall also include a complete inventory of current staff, equipment, and facility resources available for completion of the desired systems. The department shall review all forms for duplicative content and, to the maximum extent possible, reduce, consolidate, and eliminate such duplication to provide for a uniform, integrated, and concise management information collection system. The department is authorized to charge reasonable administrative fees to other state agencies using the department's information systems.

(15)  ELIGIBILITY REQUIREMENTS.--The department shall review the eligibility requirements of its various programs and, to the maximum extent possible, consolidate them into a single eligibility system.

(16)  PURCHASE OF SERVICES.--Whenever possible, the department, in accordance with the established program objectives and performance criteria, shall contract for the provision of services by counties, municipalities, not-for-profit corporations, for-profit corporations, and other entities capable of providing needed services, if services so provided are more cost-efficient than those provided by the department.

(17)  CONTRACTING AND PERFORMANCE STANDARDS.--

(a)  The department shall establish performance standards for all contracted client services. Notwithstanding s. 287.057(3)(f), the department must competitively procure any contract for client services when any of the following occurs:

1.  The provider fails to meet appropriate performance standards established by the department after the provider has been given a reasonable opportunity to achieve the established standards.

2.  A new program or service has been authorized and funded by the Legislature and the annual value of the contract for such program or service is $300,000 or more.

3.  The department has concluded, after reviewing market prices and available treatment options, that there is evidence that the department can improve the performance outcomes produced by its contract resources. At a minimum, the department shall review market prices and available treatment options biennially. The department shall compile the results of the biennial review and include the results in its annual performance report to the Legislature pursuant to chapter 94-249, Laws of Florida. The department shall provide notice and an opportunity for public comment on its review of market prices and available treatment options.

(b)  The competitive requirements of paragraph (a) must be initiated for each contract that meets the criteria of this subsection, unless the secretary makes a written determination that particular facts and circumstances require deferral of the competitive process. Facts and circumstances must be specifically described for each individual contract proposed for deferral and must include one or more of the following:

1.  An immediate threat to the health, safety, or welfare of the department's clients.

2.  A threat to appropriate use or disposition of facilities that have been financed in whole, or in substantial part, through contracts or agreements with a state agency.

3.  A threat to the service infrastructure of a community which could endanger the well-being of the department's clients.

Competitive procurement of client services contracts that meet the criteria in paragraph (a) may not be deferred for longer than 1 year.

(c)  The Legislature intends for the department to obtain services in the manner that is most cost-effective for the state, in the manner that provides the greatest long-term benefits to the clients receiving services, and in the manner that minimizes the disruption of client services. In order to meet these legislative goals, the department may adopt rules providing procedures for the competitive procurement of contracted client services which represent an alternative to the request-for-proposal or the invitation-to-bid process. The alternative competitive procedures shall permit the department to solicit professional qualifications from prospective providers and to evaluate such statements of qualification before requesting service proposals. The department may limit the firms invited to submit service proposals to only those firms that have demonstrated the highest level of professional capability to provide the services under consideration, but may not invite fewer than three firms to submit service proposals, unless fewer than three firms submitted satisfactory statements of qualification. The alternative procedures must, at a minimum, allow the department to evaluate competing proposals and select the proposal that provides the greatest benefit to the state while considering the quality of the services, dependability and integrity of the provider, dependability of the provider's services, the experience of the provider in serving target populations or client groups substantially identical to members of the target population for the contract in question, and the ability of the provider to secure local funds to support the delivery of services, including, but not limited to, funds derived from local governments. These alternative procedures need not conform to the requirements of s. 287.042 or s. 287.057(1) or (2).

(d)  The department shall review the period for which it executes contracts and, to the greatest extent practicable, shall execute multiyear contracts to make the most efficient use of the resources devoted to contract processing and execution.

(e)  When it is in the best interest of a defined segment of its consumer population, the department may competitively procure and contract for systems of treatment or service that involve multiple providers, rather than procuring and contracting for treatment or services separately from each participating provider. The department must ensure that all providers that participate in the treatment or service system meet all applicable statutory, regulatory, service-quality, and cost-control requirements. If other governmental entities or units of special purpose government contribute matching funds to the support of a given system of treatment or service, the department shall formally request information from those funding entities in the procurement process and may take the information received from those funding entities into account in the selection process. If a local government contributes match to support the system of treatment or contracted service and if the match constitutes at least 25 percent of the value of the contract, the department shall afford the governmental match contributor an opportunity to name an employee to the selection team required by s. 287.057(15). Any employee so named shall qualify as one of the employees required by s. 287.057(15). The selection team shall include the named employee unless the department sets forth in writing the reason such inclusion would be contrary to the best interests of the state. No governmental entity or unit of special purpose government may name an employee to the selection team if it, or any of its political subdivisions, executive agencies, or special districts, intends to compete for the contract to be awarded. The governmental funding entity or match contributor shall comply with any deadlines and procurement procedures established by the department. The department may also involve nongovernmental funding entities in the procurement process when appropriate.

(f)  The department may contract for or provide assessment and case management services independently from treatment services.

(g)  The department shall adopt, by rule, provisions for including in its contracts incremental penalties to be imposed by its contract managers on a service provider due to the provider's failure to comply with a requirement for corrective action. Any financial penalty that is imposed upon a provider may not be paid from funds being used to provide services to clients, and the provider may not reduce the amount of services being delivered to clients as a method for offsetting the impact of the penalty. If a financial penalty is imposed upon a provider that is a corporation, the department shall notify, at a minimum, the board of directors of the corporation. The department may notify, at its discretion, any additional parties that the department believes may be helpful in obtaining the corrective action that is being sought. Further, the rules adopted by the department must include provisions that permit the department to deduct the financial penalties from funds that would otherwise be due to the provider, not to exceed 10 percent of the amount that otherwise would be due to the provider for the period of noncompliance. If the department imposes a financial penalty, it shall advise the provider in writing of the cause for the penalty. A failure to include such deductions in a request for payment constitutes a ground for the department to reject that request for payment. The additional remedies identified in this paragraph do not limit or restrict the department's application of any other remedy available to it in the contract or under law. The additional remedies described in this paragraph may be cumulative and may be assessed upon each separate failure to comply with instructions from the department to complete corrective action.

(h)  The department shall develop standards of conduct and a range of disciplinary actions for its employees which are specifically related to carrying out contracting responsibilities, and shall incorporate the standards and disciplinary actions in its Employee Handbook by December 31, 1998.

(i)  The department must implement systems and controls to ensure financial integrity and service provision quality in the developmental services Medicaid waiver service system no later than December 31, 1998. The Auditor General shall include specific reference to systems and controls related to financial integrity in the developmental services Medicaid waiver service system in his or her audit of the department for the 1998-1999 fiscal year, and for all subsequent fiscal years. The Office of Program Policy Analysis and Government Accountability shall review the department's systems and controls related to service provision quality in the developmental services Medicaid waiver service system and submit a report to the Legislature by December 31, 1999.

(j)  If a provider fails to meet the performance standards established in the contract, the department may allow a reasonable period for the provider to correct performance deficiencies. If performance deficiencies are not resolved to the satisfaction of the department within the prescribed time, and if no extenuating circumstances can be documented by the provider to the department's satisfaction, the department must cancel the contract with the provider. The department may not enter into a new contract with that same provider for the services for which the contract was previously canceled for a period of at least 24 months after the date of cancellation. If an adult substance abuse services provider fails to meet the performance standards established in the contract, the department may allow a reasonable period, not to exceed 6 months, for the provider to correct performance deficiencies. If the performance deficiencies are not resolved to the satisfaction of the department within 6 months, the department must cancel the contract with the adult substance abuse provider, unless there is no other qualified provider in the service area.

(k)  The department shall include in its standard contract document a requirement that it file a lien against the property where facilities are located which have been constructed or substantially renovated, in whole or in part, through the use of state funds. However, the department is not required to file a lien if the amount of state funds does not exceed $25,000 or 10 percent of the contract amount, whichever amount is less. The lien must be recorded in the county where the property is located upon the execution of the contract authorizing such construction or renovation. The lien must specify that the department has a financial interest in the property equal to the pro rata portion of the state's original investment of the then-fair-market value for renovations, or the proportionate share of the cost of the construction. The lien must also specify that the department's interest is proportionately reduced and subsequently vacated over a 20-year period of depreciation. The contract must include a provision that, as a condition of receipt of state funding for this purpose, the provider agrees that, if it disposes of the property before the department's interest is vacated, the provider will refund the proportionate share of the state's initial investment, as adjusted by depreciation.

(l)  The department shall develop and refine contracting and accountability methods that are administratively efficient and that provide for optimal provider performance.

(m)  The department may competitively procure any contract when it deems it is in the best interest of the state to do so. The requirements described in paragraph (a) do not, and may not be construed to, limit in any way the department's ability to competitively procure any contract it executes, and the absence of any or all of the criteria described in paragraph (a) may not be used as the basis for an administrative or judicial protest of the department's determination to conduct competition, make an award, or execute any contract.

(n)  A contract may include cost-neutral, performance-based incentives that may vary according to the extent a provider achieves or surpasses the performance standards set forth in the contract. Such incentives may be weighted proportionally to reflect the extent to which the provider has demonstrated that it has consistently met or exceeded the contractual requirements and the department's performance standards.

(18)  HEADQUARTERS; SERVICE FACILITIES.--

(a)  The department shall maintain its headquarters and all offices above the district office level in Tallahassee.

(b)  Within each of its service districts, the department shall locate its service facilities in the same place when it is possible to do so without removing service facilities from proximity to the clients they serve. The department shall implement a plan by which all or substantially all services within a district are moved, as existing leases expire, to centers located close to prospective users or clients. These centers may be shared with other public users and may be designated as community service centers.

(19)  PROCUREMENT OF HEALTH SERVICES.--Nothing contained in chapter 287 requires competitive bids for health services involving examination, diagnosis, or treatment.

(20)  CONSULTATION WITH COUNTIES ON MANDATED PROGRAMS.--It is the intent of the Legislature that when county governments are required by law to participate in the funding of programs, the department shall consult with designated representatives of county governments in developing policies and service delivery plans for those programs.

(21)  OUTCOME EVALUATION AND PROGRAM EFFECTIVENESS.--

(a)  It is the intent of the Legislature to:

1.  Ensure that information be provided to decisionmakers so that resources are allocated to programs of the department that achieve desired performance levels.

2.  Provide information about the cost of such programs and their differential effectiveness so that the quality of such programs can be compared and improvements made continually.

3.  Provide information to aid in the development of related policy issues and concerns.

4.  Provide information to the public about the effectiveness of such programs in meeting established goals and objectives.

5.  Provide a basis for a system of accountability so that each client is afforded the best programs to meet his or her needs.

6.  Improve service delivery to clients.

7.  Modify or eliminate activities that are not effective.

(b)  To accomplish these purposes, the effectiveness of department programs shall be evaluated and reported to the Governor and the Legislature pursuant to chapter 94-249, Laws of Florida, the Government Performance and Accountability Act.

(22)  INNOVATION ZONES.--The health and human services board may propose designation of an innovation zone for any experimental, pilot, or demonstration project that furthers the legislatively established goals of the department. An innovation zone is a defined geographic area such as a district, county, municipality, service delivery area, school campus, or neighborhood providing a laboratory for the research, development, and testing of the applicability and efficacy of model programs, policy options, and new technologies for the department.

(a)1.  The district administrator shall submit a proposal for an innovation zone to the secretary. If the purpose of the proposed innovation zone is to demonstrate that specific statutory goals can be achieved more effectively by using procedures that require modification of existing rules, policies, or procedures, the proposal may request the secretary to waive such existing rules, policies, or procedures or to otherwise authorize use of alternative procedures or practices. Waivers of such existing rules, policies, or procedures must comply with applicable state or federal law.

2.  For innovation zone proposals that the secretary determines require changes to state law, the secretary may submit a request for a waiver from such laws, together with any proposed changes to state law, to the chairs of the appropriate legislative committees for consideration.

3.  For innovation zone proposals that the secretary determines require waiver of federal law, the secretary may submit a request for such waivers to the applicable federal agency.

(b)  An innovation zone project may not have a duration of more than 2 years, but the secretary may grant an extension.

(c)  The Statewide Health and Human Services Board, in conjunction with the secretary, shall develop a family services innovation transfer network for the purpose of providing information on innovation zone research and projects or other effective initiatives in family services to the health and human services boards established under subsection (8).

(d)  Prior to implementing an innovation zone pursuant to the requirements of this subsection and chapter 216, the secretary shall, in conjunction with the Auditor General, develop measurable and valid objectives for such zone within a negotiated reasonable period of time. No more than 15 innovative zones shall be in operation at any one time within the districts.

History.--s. 19, ch. 69-106; ss. 1, 2, ch. 70-441; ss. 1, 4, ch. 71-213; s. 1, ch. 73-99; s. 1, ch. 73-114; s. 1, ch. 74-107; ss. 2, 3, 5, 6, 7, 8, 9, 10, 12, 29, 31, 32, 34, ch. 75-48; ss. 1, 2, ch. 76-115; s. 1, ch. 77-174; ss. 1, 2, 3, ch. 77-212; s. 4, ch. 78-323; s. 2, ch. 79-10; s. 1, ch. 79-26; s. 63, ch. 79-190; s. 1, ch. 79-265; ss. 1, 2, 5, ch. 79-287; s. 8, ch. 80-187; s. 1, ch. 80-202; s. 8, ch. 80-374; ss. 1, 2, 3, ch. 81-83; ss. 7, 8, 9, ch. 81-184; ss. 1, 4, 5, ch. 81-237; s. 12, ch. 81-259; s. 1, ch. 81-290; ss. 1, 4, ch. 82-46; ss. 1, 2, ch. 82-100; s. 5, ch. 82-213; s. 1, ch. 83-89; ss. 1, 11, ch. 83-177; s. 1, ch. 83-181; s. 2, ch. 83-215; s. 3, ch. 83-216; s. 2, ch. 83-230; ss. 2, 3, ch. 83-265; ss. 13, 17, ch. 84-226; s. 3, ch. 85-80; s. 1, ch. 85-270; s. 1, ch. 86-66; s. 1, ch. 86-220; ss. 1, 2, ch. 87-140; s. 2, ch. 88-235; s. 9, ch. 88-337; s. 15, ch. 88-398; ss. 1, 2, 3, ch. 89-1; ss. 1, 2, 3, ch. 89-92; s. 4, ch. 89-215; s. 2, ch. 89-296; s. 2, ch. 90-247; s. 1, ch. 90-339; s. 1, ch. 91-14; s. 1, ch. 91-158; s. 5, ch. 91-429; ss. 9, 110, ch. 92-33; s. 3, ch. 92-58; s. 1, ch. 92-174; s. 1, ch. 93-200; s. 3, ch. 94-124; s. 7, ch. 94-209; s. 1317, ch. 95-147; s. 9, ch. 95-153; s. 50, ch. 96-175; s. 5, ch. 96-403; s. 6, ch. 97-237; s. 28, ch. 97-286; s. 1, ch. 98-25; s. 1, ch. 98-137; s. 1, ch. 98-280; s. 120, ch. 98-403; s. 5, ch. 99-2; s. 1, ch. 99-7.

¹Note.--Section 1, ch. 99-219, provides that:

"(1)  The following provisions of section 20.19, Florida Statutes, 1998 Supplement, are waived until July 1, 2000, for the purpose of allowing the Department of Children and Family Services to organize programs, districts, and functions of the department to achieve more effective and efficient service delivery and improve accountability, notwithstanding the provisions of section 20.04, Florida Statutes:

"(a)  Section 20.19(2)(b) and (f) Florida Statutes, 1998 Supplement, relating to the secretary and deputy secretary.

"(b)  Section 20.19(3), Florida Statutes, 1998 Supplement, relating to the Office of Standards and Evaluation.

"(c)  Section 20.19(5)(a), Florida Statutes, 1998 Supplement, relating to program offices.

"(d)  Section 20.19(6)(a), (c), and (d), Florida Statutes, 1998 Supplement, relating to the Assistant Secretary for Administration.

"(e)  Section 20.19(8)(l), (m), (n), and (o), Florida Statutes, 1998 Supplement, relating to health and human services boards.

"(f)  Section 20.19(9), Florida Statutes, 1998 Supplement, relating to district nominee qualifications review committees.

"(g)  Section 20.19(10), (a), (b), (c)1.-7., (d), (e), (f), and (g), Florida Statutes, 1998 Supplement, relating to the district administrator.

"(h)  Section 20.19(12)(d), Florida Statutes, 1998 Supplement, relating to the departmental budget.


Actions taken under the authority granted by this section must be taken in consultation with the Executive Office of the Governor. The secretary shall submit a report describing actions taken and additional plans for implementing the provisions of this section to the Governor, the President of the Senate, and the Speaker of the House of Representatives by thirty days after this bill becomes law. The department shall submit status reports on a monthly basis through December 1999.

"(2)  The secretary shall submit a comprehensive reorganization plan to the Governor, the President of the Senate, and the Speaker of the House of Representatives by January 1, 2000. The comprehensive reorganization plan must describe the organizational and program restructuring activities that have occurred since the effective date of this act, including indications of an improved ability to carry out the department's mission under section 20.19(1), Florida Statutes, 1998 Supplement, and any organizational efficiencies. The plan must also describe what strategies proved to be ineffective or inefficient. The plan must include any recommendations for reorganization, including program and organizational restructuring and any statutory revisions.

"(3)  The provisions of this act shall not impair the operation of any other statutory responsibilities, or the rules adopted thereunder, which are specifically conferred by statute until such statutes or rules are specifically amended or repealed in the manner provided by law."

²Note.--Subsection (9) provides for district nominee qualifications review committees but not for subdistrict nominee qualifications review committees.

20.195  Department of Children and Family Services Tobacco Settlement Trust Fund.--

(1)  The Department of Children and Family Services Tobacco Settlement Trust Fund is created within that department. Funds to be credited to the trust fund shall consist of funds disbursed, by nonoperating transfer, from the Department of Banking and Finance Tobacco Settlement Clearing Trust Fund in amounts equal to the annual appropriations made from this trust fund.

(2)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any unencumbered balance in the trust fund at the end of any fiscal year and any encumbered balance remaining undisbursed on December 31 of the same calendar year shall revert to the Department of Banking and Finance Tobacco Settlement Clearing Trust Fund.

(3)  The trust fund shall, unless terminated sooner, be terminated on July 1, 2003; however, prior to the trust fund's scheduled termination pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 99-199.

20.201  Department of Law Enforcement.--

(1)  There is created a Department of Law Enforcement. The head of the department is the Governor and Cabinet. The executive director of the department shall be appointed by the Governor with the approval of three members of the Cabinet and subject to confirmation by the Senate. The executive director shall serve at the pleasure of the Governor and Cabinet. The executive director may establish a command, operational, and administrative services structure to assist, manage, and support the department in operating programs and delivering services.

(2)  The following programs of the Department of Law Enforcement are established:

(a)  Criminal Justice Investigations and Forensic Science Program.

(b)  Criminal Justice Information Program.

(c)  Criminal Justice Professionalism Program.

History.--ss. 3, 4, 5, 7, 12, ch. 74-386; s. 11, ch. 77-104; s. 2, ch. 77-111; s. 1, ch. 78-347; s. 19, ch. 81-24; s. 2, ch. 87-30; s. 5, ch. 89-3; s. 1, ch. 98-94.

20.21  Department of Revenue.--There is created a Department of Revenue.

(1)  The head of the Department of Revenue is the Governor and Cabinet.

(2)(a)  The administrative responsibilities of the Department of Revenue are to plan, organize, and control the administrative support services for the department. Administrative functions include, but are not limited to, finance and accounting, revenue accounting, personnel, and office services.

(b)  The ad valorem tax responsibilities of the department are to carry out the relevant provisions of ad valorem tax law. Ad valorem tax functions include, but are not limited to, ad valorem administration, assessment standards and review, central property valuation, and field operations.

(c)  The audit responsibilities of the department are to plan, organize, administer, and control tax auditing activities. Audit functions include, but are not limited to, audit selection and standards development for those taxes collected by the department. The standards development function shall include development of standard audit criteria and provision of functional direction to field audit staff.

(d)  The collection and enforcement responsibilities of the department are to conduct tax collection and enforcement activities. Collection and enforcement functions include, but are not limited to, investigative services and central and field operations.

(e)  The information systems and services responsibilities of the department are to develop, maintain, and manage all information systems for tax return processing and taxpayer registration activities. Information systems and services functions include, but are not limited to, automation of all information systems.

(f)  The taxpayer assistance responsibilities of the department are to render advice to department personnel and the public on tax matters. Taxpayer assistance functions include, but are not limited to, the preparation of departmental rules for all taxes, the rendition of opinions pursuant to s. 213.22, and the provision of informal assistance to the public on tax matters.

(g)  The tax processing responsibilities of the department include, but are not limited to, receipts processing, tax returns processing, license registration, and taxpayer registration.

(h)  The child support enforcement responsibilities of the department include the administration of the child support enforcement program established by Title IV-D of the Social Security Act, 42 U.S.C. ss. 651 et seq.

(3)  The position of taxpayers' rights advocate is created within the Department of Revenue. The taxpayers' rights advocate shall be appointed by and report to the executive director of the department. The responsibilities of the taxpayers' rights advocate include, but are not limited to, the following:

(a)  Facilitating the resolution of taxpayer complaints and problems which have not been resolved through normal administrative channels within the department, including any taxpayer complaints regarding unsatisfactory treatment of taxpayers by employees of the department.

(b)  Issuing a stay action on behalf of a taxpayer who has suffered or is about to suffer irreparable loss as a result of action by the department.

(4)  Necessary legal services, pursuant to chapter 16, including litigation shall be provided to the Department of Revenue by the Department of Legal Affairs, except for the establishment of paternity or support obligations, and the modification, enforcement, and collection of support obligations, for which legal services may be provided under a contract entered into by the Department of Revenue as the Title IV-D agency.

(5)  Notwithstanding any other law, the department may process taxes, fines, or license or regulatory fees for the benefit of any other state agency. Such processing may be done only pursuant to a written agreement between the department and the agency requesting this service.

(6)  Notwithstanding the provisions of s. 110.123, relating to the state group insurance program, the department may pay, or participate in the payment of, premiums for health, accident, and life insurance for its full-time out-of-state employees, pursuant to such rules as it may adopt, and such payments shall be in addition to the regular salaries of such full-time out-of-state employees.

History.--s. 21, ch. 69-106; s. 1, ch. 72-266; s. 1, ch. 75-211; s. 1, ch. 77-102; ss. 1, 2, ch. 78-390; s. 3, ch. 79-10; s. 2, ch. 80-391; s. 1, ch. 81-50; s. 11, ch. 84-170; s. 1, ch. 86-124; s. 31, ch. 90-203; s. 1, ch. 91-112; s. 17, ch. 92-315; s. 4, ch. 94-124; ss. 2, 16, ch. 95-272; s. 2, ch. 97-287.

20.22  Department of Management Services.--There is created a Department of Management Services.

(1)  The head of the Department of Management Services is the Secretary of Management Services, who shall be appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor.

(2)  The following divisions and programs within the Department of Management Services are established:

(a)  Facilities Program.

(b)  Information Technology Program.

(c)  Workforce Program.

(d)1.  Support Program.

2.  Federal Property Assistance Program.

(e)  Administration Program.

(f)  Division of Administrative Hearings.

(g)  Division of Retirement.

(h)  Division of State Group Insurance.

(3)  The Information Technology Program shall operate and manage the Technology Resource Center.

(4)  The duties of the Chief Labor Negotiator shall be determined by the Secretary of Management Services, and must include, but need not be limited to, the representation of the Governor as the public employer in collective bargaining negotiations pursuant to the provisions of chapter 447.

History.--s. 22, ch. 69-106; ss. 1, 2, ch. 70-146; s. 1, ch. 71-43; s. 2, ch. 71-286; s. 1, ch. 74-256; ss. 1, 2, ch. 75-70; s. 1, ch. 76-247; ss. 1, 2, 3, ch. 77-112; s. 5, ch. 83-92; s. 3, ch. 84-274; s. 25, ch. 85-349; s. 1, ch. 91-54; s. 4, ch. 92-279; s. 55, ch. 92-326; s. 4, ch. 94-113; s. 1, ch. 94-226; s. 20, ch. 94-249; s. 2, ch. 94-340; s. 1, ch. 97-92; s. 3, ch. 97-296; s. 6, ch. 99-2; s. 2, ch. 99-7; s. 1, ch. 99-255; s. 1, ch. 99-399.

20.23  Department of Transportation.--There is created a Department of Transportation which shall be a decentralized agency.

(1)(a)1.  The head of the Department of Transportation is the Secretary of Transportation. The secretary shall be appointed by the Governor from among three persons nominated by the Florida Transportation Commission and shall be subject to confirmation by the Senate. The secretary shall serve at the pleasure of the Governor.

2.  The secretary shall be a proven, effective administrator who by a combination of education and experience shall clearly possess a broad knowledge of the administrative, financial, and technical aspects of the development, operation, and regulation of transportation systems and facilities or comparable systems and facilities.

(b)1.  The secretary shall employ all personnel of the department. He or she shall implement all laws, rules, policies, and procedures applicable to the operation of the department and may not by his or her actions disregard or act in a manner contrary to any such policy. The secretary shall represent the department in its dealings with other state agencies, local governments, special districts, and the Federal Government. He or she shall have authority to sign and execute all documents and papers necessary to carry out his or her duties and the operations of the department. At each meeting of the Florida Transportation Commission, the secretary shall submit a report of major actions taken by him or her as official representative of the department.

2.  The secretary shall cause the annual department budget request, the Florida Transportation Plan, and the tentative work program to be prepared in accordance with all applicable laws and departmental policies and shall submit the budget, plan, and program to the Florida Transportation Commission. The commission shall perform an in-depth evaluation of the budget, plan, and program for compliance with all applicable laws and departmental policies. If the commission determines that the budget, plan, or program is not in compliance with all applicable laws and departmental policies, it shall report its findings and recommendations regarding such noncompliance to the Legislature and the Governor.

3.  The secretary shall provide to the Florida Transportation Commission or its staff, such assistance, information, and documents as are requested by the commission or its staff to enable the commission to fulfill its duties and responsibilities.

(c)  The secretary shall appoint three assistant secretaries who shall be directly responsible to the secretary and who shall perform such duties as are specified in this section and such other duties as are assigned by the secretary. The secretary may delegate to any assistant secretary the authority to act in the absence of the secretary. The assistant secretaries shall serve at the pleasure of the secretary.

(d)  Any secretary appointed after July 5, 1989, and the assistant secretaries shall be exempt from the provisions of part III of chapter 110 and shall receive compensation commensurate with their qualifications and competitive with compensation for comparable responsibility in the private sector. When the salary of any assistant secretary exceeds the limits established in part III of chapter 110, the Governor shall approve said salary.

(2)(a)1.  The Florida Transportation Commission is hereby created and shall consist of nine members appointed by the Governor subject to confirmation by the Senate. Members of the commission shall serve terms of 4 years each.

2.  Members shall be appointed in such a manner as to equitably represent all geographic areas of the state. Each member must be a registered voter and a citizen of the state. Each member of the commission must also possess business managerial experience in the private sector.

3.  A member of the commission shall represent the transportation needs of the state as a whole and may not subordinate the needs of the state to those of any particular area of the state.

4.  The commission is assigned to the Office of the Secretary of the Department of Transportation for administrative and fiscal accountability purposes, but it shall otherwise function independently of the control and direction of the department.

(b)  The commission shall have the primary functions to:

1.  Recommend major transportation policies for the Governor's approval, and assure that approved policies and any revisions thereto are properly executed.

2.  Periodically review the status of the state transportation system including highway, transit, rail, seaport, intermodal development, and aviation components of the system and recommend improvements therein to the Governor and the Legislature.

3.  Perform an in-depth evaluation of the annual department budget request, the Florida Transportation Plan, and the tentative work program for compliance with all applicable laws and established departmental policies. Except as specifically provided in s. 339.135(4)(c)2., (d), and (f), the commission may not consider individual construction projects, but shall consider methods of accomplishing the goals of the department in the most effective, efficient, and businesslike manner.

4.  Monitor the financial status of the department on a regular basis to assure that the department is managing revenue and bond proceeds responsibly and in accordance with law and established policy.

5.  Monitor on at least a quarterly basis, the efficiency, productivity, and management of the department, using performance and production standards developed by the commission pursuant to s. 334.045.

6.  Perform an in-depth evaluation of the factors causing disruption of project schedules in the adopted work program and recommend to the Legislature and the Governor methods to eliminate or reduce the disruptive effects of these factors.

(c)  The commission or a member thereof may not enter into the day-to-day operation of the department and is specifically prohibited from taking part in:

1.  The awarding of contracts.

2.  The selection of a consultant or contractor or the prequalification of any individual consultant or contractor. However, the commission may recommend to the secretary standards and policies governing the procedure for selection and prequalification of consultants and contractors.

3.  The selection of a route for a specific project.

4.  The specific location of a transportation facility.

5.  The acquisition of rights-of-way.

6.  The employment, promotion, demotion, suspension, transfer, or discharge of any department personnel.

7.  The granting, denial, suspension, or revocation of any license or permit issued by the department.

(d)1.  The chair of the commission shall be selected by the commission members and shall serve a 1-year term.

2.  The commission shall hold a minimum of 4 regular meetings annually, and other meetings may be called by the chair upon giving at least 1 week's notice to all members and the public pursuant to chapter 120. Other meetings may also be held upon the written request of at least four other members of the commission, with at least 1 week's notice of such meeting being given to all members and the public by the chair pursuant to chapter 120. Emergency meetings may be held without notice upon the request of all members of the commission.

3.  A majority of the membership of the commission constitutes a quorum at any meeting of the commission. An action of the commission is not binding unless the action is taken pursuant to an affirmative vote of a majority of the members present, but not fewer than four members of the commission at a meeting held pursuant to subparagraph 2., and the vote is recorded in the minutes of that meeting.

4.  The chair shall cause to be made a complete record of the proceedings of the commission, which record shall be open for public inspection.

(e)  The meetings of the commission shall be held in the central office of the department in Tallahassee unless the chair determines that special circumstances warrant meeting at another location.

(f)  Members of the commission are entitled to per diem and travel expenses pursuant to s. 112.061.

(g)  A member of the commission may not have any interest, direct or indirect, in any contract, franchise, privilege, or other benefit granted or awarded by the department during the term of his or her appointment and for 2 years after the termination of such appointment.

(h)  The commission shall appoint an executive director and assistant executive director, who shall serve under the direction, supervision, and control of the commission. The executive director, with the consent of the commission, shall employ such staff as are necessary to perform adequately the functions of the commission, within budgetary limitations. All employees of the commission are exempt from part II of chapter 110 and shall serve at the pleasure of the commission. The salaries and benefits of all employees of the commission shall be set in accordance with the Selected Exempt Service; provided, however, that the commission shall have complete authority for fixing the salary of the executive director and assistant executive director.

(i)  The commission shall develop a budget pursuant to chapter 216. The budget is not subject to change by the department, but such budget shall be submitted to the Governor along with the budget of the department.

(3)(a)  The central office shall establish departmental policies, rules, procedures, and standards and shall monitor the implementation of such policies, rules, procedures, and standards in order to ensure uniform compliance and quality performance by the districts and central office units that implement transportation programs. Major transportation policy initiatives or revisions shall be submitted to the commission for review. The central office monitoring function shall be based on a plan that clearly specifies what areas will be monitored, activities and criteria used to measure compliance, and a feedback process that assures monitoring findings are reported and deficiencies corrected. The secretary is responsible for ensuring that a central office monitoring function is implemented, and that it functions properly. In conjunction with its monitoring function, the central office shall provide such training and administrative support to the districts as the department determines to be necessary to ensure that the department's programs are carried out in the most efficient and effective manner.

(b)  The resources necessary to ensure the efficiency, effectiveness, and quality of performance by the department of its statutory responsibilities shall be allocated to the central office.

(c)  The secretary shall appoint an Assistant Secretary for Transportation Policy, an Assistant Secretary for Finance and Administration, and an Assistant Secretary for District Operations, each of whom shall serve at the pleasure of the secretary. The positions are responsible for developing, monitoring, and enforcing policy and managing major technical programs. The responsibilities and duties of these positions include, but are not limited to, the following functional areas:

1.  Assistant Secretary for Transportation Policy.--

a.  Development of the Florida Transportation Plan and other policy planning;

b.  Development of statewide modal systems plans, including public transportation systems;

c.  Design of transportation facilities;

d.  Construction of transportation facilities; and

e.  Acquisition and management of transportation rights-of-way.

2.  Assistant Secretary for District Operations.--

a.  Administration of the eight districts;

b.  Implementation of the decentralization of the department; and

c.  Administration of motor carrier compliance and safety.

3.  Assistant Secretary for Finance and Administration.--

a.  Financial planning and management;

b.  Information systems;

c.  Accounting systems;

d.  Administrative functions; and

e.  Administration of toll operations.

(d)1.  Policy, program, or operations offices shall be established within the central office for the purposes of:

a.  Developing policy and procedures and monitoring performance to ensure compliance with these policies and procedures;

b.  Performing statewide activities which it is more cost-effective to perform in a central location;

c.  Assessing and ensuring the accuracy of information within the department's financial management information systems; and

d.  Performing other activities of a statewide nature.

2.  The following offices are established and shall be headed by a manager, each of whom shall be appointed by and serve at the pleasure of the secretary. The positions shall be classified at a level equal to a division director:

a.  The Office of Administration;

b.  The Office of Policy Planning;

c.  The Office of Design;

d.  The Office of Highway Operations;

e.  The Office of Right-of-Way;

f.  The Office of Toll Operations; and

g.  The Office of Information Systems.

3.  Other offices may be established in accordance with s. 20.04(7). The heads of such offices are exempt from part II of chapter 110. No office or organization shall be created at a level equal to or higher than a division without specific legislative authority.

4.  During the construction of a major transportation improvement project or as determined by the district secretary, the department may provide assistance to a business entity significantly impacted by the project if the entity is a for-profit entity that has been in business for 3 years prior to the beginning of construction and has direct or shared access to the transportation project being constructed. The assistance program shall be in the form of additional guarantees to assist the impacted business entity in receiving loans pursuant to Title 13 C.F.R. part 120. However, in no instance shall the combined guarantees be greater than 90 percent of the loan. The department shall adopt rules to implement this subparagraph.

(e)  The Assistant Secretary for Finance and Administration must possess a broad knowledge of the administrative, financial, and technical aspects of a complete cost-accounting system, budget preparation and management, and management information systems. The Assistant Secretary for Finance and Administration must be a proven, effective manager with specialized skills in financial planning and management. The Assistant Secretary for Finance and Administration shall ensure that financial information is processed in a timely, accurate, and complete manner. These responsibilities shall include, but are not limited to, implementing the following by December 1, 1990:

1.  The preparation of detailed documentation of the internal controls, including general and application controls, the department relies on for accurate and complete financial information.

2.  The monthly reconciliation of the department's accounting, planning and budgeting, cash forecasting, 5-year work program, and federal project accounting systems.

3.  The development of a long-range information systems plan for the department which addresses the computing and information requirements of the districts and central office. Financial, personnel, and technical resources must all be identified and quantified, as appropriate.

(f)1.  Within the central office there is created an Office of Management and Budget. The head of the Office of Management and Budget is responsible to the Assistant Secretary for Finance and Administration and is exempt from part II of chapter 110.

2.  The functions of the Office of Management and Budget include, but are not limited to:

a.  Preparation of the work program;

b.  Preparation of the departmental budget; and

c.  Coordination of related policies and procedures.

3.  The Office of Management and Budget shall also be responsible for developing uniform implementation and monitoring procedures for all activities performed at the district level involving the budget and the work program.

(g)  The secretary may appoint an inspector general who shall be directly responsible to the secretary and shall serve at the pleasure of the secretary.

(h)1.  The secretary shall appoint an inspector general pursuant to s. 20.055. To comply with recommended professional auditing standards related to independence and objectivity, the inspector general shall be appointed to a position within the Career Service System and may be removed by the secretary with the concurrence of the Transportation Commission. In order to attract and retain an individual who has the proven technical and administrative skills necessary to comply with the requirements of this section, the agency head may appoint the inspector general to a classification level within the Career Service System that is equivalent to that provided for in part III of chapter 110. The inspector general may be organizationally located within another unit of the department for administrative purposes, but shall function independently and be directly responsible to the secretary pursuant to s. 20.055. The duties of the inspector general shall include, but are not restricted to, reviewing, evaluating, and reporting on the policies, plans, procedures, and accounting, financial, and other operations of the department and recommending changes for the improvement thereof, as well as performing audits of contracts and agreements between the department and private entities or other governmental entities. The inspector general shall give priority to reviewing major parts of the department's accounting system and central office monitoring function to determine whether such systems effectively ensure accountability and compliance with all laws, rules, policies, and procedures applicable to the operation of the department. The inspector general shall also give priority to assessing the department's management information systems as required by s. 282.318. The internal audit function shall use the necessary expertise, in particular, engineering, financial, and property appraising expertise, to independently evaluate the technical aspects of the department's operations. The inspector general shall have access at all times to any personnel, records, data, or other information of the department and shall determine the methods and procedures necessary to carry out his or her duties. The inspector general is responsible for audits of departmental operations and for audits of consultant contracts and agreements, and such audits shall be conducted in accordance with generally accepted governmental auditing standards. The inspector general shall annually perform a sufficient number of audits to determine the efficiency and effectiveness, as well as verify the accuracy of estimates and charges, of contracts executed by the department with private entities and other governmental entities. The inspector general has the sole responsibility for the contents of his or her reports, and a copy of each report containing his or her findings and recommendations shall be furnished directly to the secretary and the commission.

2.  In addition to the authority and responsibilities herein provided, the inspector general is required to report to the:

a.  Secretary whenever the inspector general makes a preliminary determination that particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of programs and operations of the department have occurred. The secretary shall review and assess the correctness of the preliminary determination by the inspector general. If the preliminary determination is substantiated, the secretary shall submit such report to the appropriate committees of the Legislature within 7 calendar days, together with a report by the secretary containing any comments deemed appropriate. Nothing in this section shall be construed to authorize the public disclosure of information which is specifically prohibited from disclosure by any other provision of law.

b.  Transportation Commission and the Legislature any actions by the secretary that prohibit the inspector general from initiating, carrying out, or completing any audit after the inspector general has decided to initiate, carry out, or complete such audit. The secretary shall, within 30 days after transmission of the report, set forth in a statement to the Transportation Commission and the Legislature the reasons for his or her actions.

¹(i)1.  The secretary shall appoint a comptroller who is responsible to the Assistant Secretary for Finance and Administration. This position is exempt from part II of chapter 110.

2.  The comptroller is the chief financial officer of the department and must be a proven, effective administrator who by a combination of education and experience clearly possesses a broad knowledge of the administrative, financial, and technical aspects of a complex cost-accounting system. The comptroller must also have a working knowledge of generally accepted accounting principles. At a minimum, the comptroller must hold an active license to practice public accounting in Florida pursuant to chapter 473 or an active license to practice public accounting in any other state. In addition to the requirements of the Florida Fiscal Accounting Management Information System Act, the comptroller is responsible for the development, maintenance, and modification of an accounting system that will in a timely manner accurately reflect the revenues and expenditures of the department and that includes a cost-accounting system to properly identify, segregate, allocate, and report department costs. The comptroller shall supervise and direct preparation of a detailed 36-month forecast of cash and expenditures and is responsible for managing cash and determining cash requirements. The comptroller shall review all comparative cost studies that examine the cost-effectiveness and feasibility of contracting for services and operations performed by the department. The review must state that the study was prepared in accordance with generally accepted cost-accounting standards applied in a consistent manner using valid and accurate cost data.

3.  The department shall by rule or internal management memoranda as required by chapter 120 provide for the maintenance by the comptroller of financial records and accounts of the department as will afford a full and complete check against the improper payment of bills and provide a system for the prompt payment of the just obligations of the department, which records must at all times disclose:

a.  The several appropriations available for the use of the department;

b.  The specific amounts of each such appropriation budgeted by the department for each improvement or purpose;

c.  The apportionment or division of all such appropriations among the several counties and districts, when such apportionment or division is made;

d.  The amount or portion of each such apportionment against general contractual and other liabilities then created;

e.  The amount expended and still to be expended in connection with each contractual and other obligation of the department;

f.  The expense and operating costs of the various activities of the department;

g.  The receipts accruing to the department and the distribution thereof;

h.  The assets, investments, and liabilities of the department; and

i.  The cash requirements of the department for a 36-month period.

4.  The comptroller shall maintain a separate account for each fund administered by the department.

5.  The comptroller shall perform such other related duties as designated by the department.

(j)  The secretary shall appoint a general counsel who shall be employed full time and shall be directly responsible to the secretary. The general counsel is responsible for all legal matters of the department. The department may employ as many attorneys as it deems necessary to advise and represent the department in all transportation matters.

(k)  The secretary shall appoint a state transportation planner who shall report to the Assistant Secretary for Transportation Policy. The state transportation planner's responsibilities shall include, but are not limited to, policy planning, systems planning, and transportation statistics. This position shall be classified at a level equal to a deputy assistant secretary.

(l)  The secretary shall appoint a state highway engineer who shall report to the Assistant Secretary for Transportation Policy. The state highway engineer's responsibilities shall include, but are not limited to, design, construction, and maintenance of highway facilities; acquisition and management of transportation rights-of-way; traffic engineering; and materials testing. This position shall be classified at a level equal to a deputy assistant secretary.

(m)  The secretary shall appoint a state public transportation administrator who shall report to the Assistant Secretary for Transportation Policy. The state public transportation administrator's responsibilities shall include, but are not limited to, the administration of statewide transit, rail, intermodal development, and aviation programs. This position shall be classified at a level equal to a deputy assistant secretary. The department shall also assign to the public transportation administrator an organizational unit the primary function of which is to administer the high-speed rail program.

(4)(a)  The operations of the department shall be organized into eight districts, including a turnpike district, each headed by a district secretary. The district secretaries shall report to the Assistant Secretary for District Operations. The headquarters of the districts shall be located in Polk, Columbia, Washington, Broward, Volusia, Dade, Hillsborough, and Leon Counties. The turnpike district must be relocated to Orange County in the year 2000. In order to provide for efficient operations and to expedite the decisionmaking process, the department shall provide for maximum decentralization to the districts. However, before making a decision to centralize or decentralize department operations or relocate the turnpike district, the department must first determine if the decision would be cost-effective and in the public's best interest. The department shall periodically evaluate such decisions to ensure that they are appropriate.

(b)  The primary responsibility for the implementation of the department's transportation programs shall be delegated by the secretary to the district secretaries, and sufficient authority shall be vested in each district to ensure adequate control of the resources commensurate with the delegated responsibility. Each district secretary shall also be accountable for ensuring their district's quality of performance and compliance with all laws, rules, policies, and procedures related to the operation of the department.

(c)  Each district secretary may appoint a district director for planning and programming, a district director for production, and a district director for operations. These positions are exempt from part II of chapter 110.

(d)  Within each district, offices shall be established for managing major functional responsibilities of the department. The offices may include planning, design, construction, right-of-way, maintenance, and public transportation. The heads of these offices shall be exempt from part II of chapter 110.

(e)  The district director for the Fort Myers Urban Office of the Department of Transportation is responsible for developing the 5-year Transportation Plan for Charlotte, Collier, DeSoto, Glades, Hendry, and Lee Counties. The Fort Myers Urban Office also is responsible for providing policy, direction, local government coordination, and planning for those counties.

(5)  Notwithstanding the provisions of s. 110.205, the Department of Management Services is authorized to exempt positions within the Department of Transportation which are comparable to positions within the Senior Management Service pursuant to s. 110.205(2)(i) or positions which are comparable to positions in the Selected Exempt Service under s. 110.205(2)(l).

(6)  To facilitate the efficient and effective management of the department in a businesslike manner, the department shall develop a system for the submission of monthly management reports to the Florida Transportation Commission and secretary from the district secretaries. The commission and the secretary shall determine which reports are required to fulfill their respective responsibilities under this section. A copy of each such report shall be submitted monthly to the appropriations and transportation committees of the Senate and the House of Representatives. Recommendations made by the Auditor General in his or her audits of the department that relate to management practices, systems, or reports shall be implemented in a timely manner. However, if the department determines that one or more of the recommendations should be altered or should not be implemented, it shall provide a written explanation of such determination to the Legislative Auditing Committee within 6 months after the date the recommendations were published.

(7)  The department is authorized to contract with local governmental entities and with the private sector if the department first determines that:

(a)  Consultants can do the work at less cost than state employees;

(b)  State employees can do the work at less cost, but sufficient positions have not been approved by the Legislature as requested in the department's most recent legislative budget request;

(c)  The work requires specialized expertise, and it would not be economical for the state to acquire, and then maintain, the expertise after the work is done;

(d)  The workload is at a peak level, and it would not be economical to acquire, and then keep, extra personnel after the workload decreases; or

(e)  The use of such entities is clearly in the public's best interest.

Such contracts shall require compliance with applicable federal and state laws, and clearly specify the product or service to be provided.

History.--s. 23, ch. 69-106; ss. 1, 2, 4, 5, ch. 72-186; s. 1, ch. 77-44; s. 1, ch. 77-273; s. 1, ch. 78-90; s. 4, ch. 79-10; s. 1, ch. 81-209; s. 1, ch. 84-309; s. 7, ch. 85-180; s. 1, ch. 86-243; ss. 1, 2, ch. 87-360; s. 2, ch. 88-215; s. 25, ch. 88-557; s. 8, ch. 89-301; s. 40, ch. 90-136; s. 2, ch. 90-192; s. 14, ch. 90-227; s. 1, ch. 91-418; s. 5, ch. 91-429; ss. 151, 152, ch. 92-152; s. 8, ch. 92-279; s. 55, ch. 92-326; s. 4, ch. 94-237; s. 1318, ch. 95-147; s. 10, ch. 95-153; s. 1, ch. 95-257; s. 2, ch. 97-280; s. 4, ch. 98-34; s. 7, ch. 99-2; ss. 1, 66, ch. 99-385.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

20.24  Department of Highway Safety and Motor Vehicles.--There is created a Department of Highway Safety and Motor Vehicles.

(1)  The head of the Department of Highway Safety and Motor Vehicles is the Governor and Cabinet.

(2)  The following divisions, and bureaus within the divisions, of the Department of Highway Safety and Motor Vehicles are established:

(a)  Division of the Florida Highway Patrol.

(b)  Division of Driver Licenses.

(c)  Division of Motor Vehicles.

1.  Bureau of Motor Vehicle Inspection.

History.--s. 24, ch. 69-106; s. 1, ch. 76-281; s. 5, ch. 79-10; s. 64, ch. 79-190; s. 1, ch. 79-324.

¹20.255  Department of Environmental Protection.--There is created a Department of Environmental Protection.

(1)  The head of the Department of Environmental Protection shall be a secretary, who shall be appointed by the Governor, with the concurrence of three or more members of the Cabinet. The secretary shall be confirmed by the Florida Senate. The secretary shall serve at the pleasure of the Governor.

(2)(a)  There shall be two deputy secretaries and an executive coordinator for ecosystem management who are to be appointed by and shall serve at the pleasure of the secretary. The secretary may assign either deputy secretary the responsibility to supervise, coordinate, and formulate policy for any division, office, or district. The following special offices are established and headed by managers, each of whom is to be appointed by and serve at the pleasure of the secretary:

1.  Office of General Counsel,

2.  Office of Inspector General,

3.  Office of Communication, the latter including public information, legislative liaison, cabinet liaison, and special projects,

4.  Office of Water Policy,

5.  Office of Intergovernmental Programs,

6.  Office of Ecosystem Planning and Coordination,

7.  Office of Environmental Education, and an

8.  Office of Greenways and Trails.

(b)  The executive coordinator for ecosystem management shall coordinate policy within the department to assure the implementation of the ecosystem management provisions of chapter 93-213, Laws of Florida. The executive coordinator for ecosystem management shall supervise only the Office of Water Policy, the Office of Intergovernmental Programs, the Office of Ecosystem Planning and Coordination, and the Office of Environmental Education. The executive coordinator for ecosystem management may also be delegated authority by the secretary to act on behalf of the secretary; this authority may include the responsibility to oversee the inland navigation districts.

(c)  The other special offices not supervised by the executive coordinator for ecosystem management shall report to the secretary; however, the secretary may assign them, for daily coordination purposes, to report through a senior manager other than the secretary.

(d)  There shall be six administrative districts involved in regulatory matters of waste management, water facilities, wetlands, and air resources, which shall be headed by managers, each of whom is to be appointed by and serve at the pleasure of the secretary. Divisions of the department may have one assistant or two deputy division directors, as required to facilitate effective operation.

The managers of all divisions and offices specifically named in this section and the directors of the six administrative districts are exempt from part II of chapter 110 and are included in the Senior Management Service in accordance with s. 110.205(2)(i). No other deputy secretaries or senior management positions at or above the division level, except those established in chapter 110, may be created without specific legislative authority.

(3)  All of the existing legal authorities and actions of the Department of Environmental Regulation and the Department of Natural Resources are transferred to the Department of Environmental Protection, including, but not limited to, all pending and completed actions on orders and rules, all enforcement matters, and all delegations, interagency agreements, and contracts with federal, state, regional, and local governments, and private entities.

(4)  The secretary of the Department of Environmental Protection is vested with the authority to take agency action under laws in effect on or before the effective date of this act, including those actions which were within the purview of the Governor and Cabinet. However, the existing functions of the Governor and Cabinet, sitting as the Siting Board as set forth in part II of chapter 403, reviewing stricter than federal standards of the Environmental Regulatory Commission as set forth in s. 403.804, siting a multipurpose hazardous waste facility as set forth in part IV of chapter 403, or certifying an industrial project as set forth in part IV of chapter 288, shall not be transferred to the Secretary of Environmental Protection, and nothing herein shall be construed to change any such function of the Governor and Cabinet.

(5)  Except for those orders reviewable as provided in s. 373.4275, the Governor and Cabinet, sitting as the Land and Water Adjudicatory Commission, has the exclusive authority to review any order or rule of the department which, prior to July 1, 1994, the Governor and Cabinet, as head of the Department of Natural Resources, had authority to issue or promulgate, other than a rule or order relating to an internal procedure of the department.

(a)  Such review may be initiated by a party to the proceeding by filing a request for review with the Land and Water Adjudicatory Commission and serving a copy on the department and on any person named in the rule or order within 20 days after adoption of the rule or the rendering of the order. Where a proceeding on an order has been initiated pursuant to ss. 120.569 and 120.57, such review shall be initiated within 20 days after the department has taken final agency action in the proceeding. The request for review may be accepted by any member of the commission. For the purposes of this section, the term "party" shall mean any affected person who submitted oral or written testimony, sworn or unsworn, to the department of a substantive nature which stated, with particularity, objections to or support for the rule or order that are cognizable within the scope of the provisions and purposes of the applicable statutory provisions, or any person who participated as a party in a proceeding instituted pursuant to chapter 120.

(b)  Review by the Land and Water Adjudicatory Commission is appellate in nature and shall be based on the record below. The matter shall be heard by the commission not more than 60 days after receipt of the request for review.

(c)  If the Land and Water Adjudicatory Commission determines that a rule or order is not consistent with the provisions and purposes of this chapter, it may, in the case of a rule, require the department to initiate rulemaking proceedings to amend or repeal the rule or, in the case of an order, rescind or modify the order or remand the proceeding to the department for further action consistent with the order of the Land and Water Adjudicatory Commission.

(d)  A request for review under this section shall not be a precondition to the seeking of judicial review pursuant to s. 120.68, or the seeking of an administrative determination of rule validity pursuant to s. 120.56.

The Land and Water Adjudicatory Commission may adopt rules setting forth its procedures for reviewing orders or rules of the department consistent with the provisions of this section.

(6)  The following divisions of the Department of Environmental Protection are established:

(a)  Division of Administrative and Technical Services.

(b)  Division of Air Resource Management.

(c)  Division of Water Resource Management.

(d)  Division of Law Enforcement.

(e)  Division of Resource Assessment and Management.

(f)  Division of Waste Management.

(g)  Division of Recreation and Parks.

(h)  Division of State Lands, the director of which is to be appointed by the secretary of the department, subject to confirmation by the Governor and Cabinet sitting as the Board of Trustees of the Internal Improvement Trust Fund.

In order to ensure statewide and intradepartmental consistency, the department's divisions shall direct the district offices and bureaus on matters of interpretation and applicability of the department's rules and programs.

(7)  Law enforcement officers of the Department of Environmental Protection who meet the provisions of s. 943.13 are constituted law enforcement officers of this state with full power to investigate and arrest for any violation of the laws of this state, and the rules of the department and the Board of Trustees of the Internal Improvement Trust Fund. The general laws applicable to investigations, searches, and arrests by peace officers of this state apply to such law enforcement officers.

(8)  Records and documents of the Department of Environmental Protection shall be retained by the department as specified in record retention schedules established under the general provisions of chapters 119 and 257. Further, the department is authorized to:

(a)  Destroy, or otherwise dispose of, those records and documents in conformity with the approved retention schedules.

(b)  Photograph, microphotograph, or reproduce such records and documents on film, as authorized and directed by the approved retention schedules, whereby each page will be exposed in exact conformity with the original records and documents retained in compliance with the provisions of this section. Photographs or microphotographs in the form of film or print of any records, made in compliance with the provisions of this section, shall have the same force and effect as the originals thereof would have and shall be treated as originals for the purpose of their admissibility in evidence. Duly certified or authenticated reproductions of such photographs or microphotographs shall be admitted in evidence equally with the original photographs or microphotographs. The impression of the seal of the Department of Environmental Protection on a certificate made by the department and signed by the Secretary of Environmental Protection entitles the certificate to be received in all courts and in all proceedings in this state and is prima facie evidence of all factual matters set forth in the certificate. A certificate may relate to one or more records as set forth in the certificate or in a schedule attached to the certificate.

(9)  The Department of Environmental Protection may require that bond be given by any employee of the department, payable to the Governor of the state and the Governor's successor in office, for the use and benefit of those whom it concerns, in such penal sums and with such good and sufficient surety or sureties as are approved by the department, conditioned upon the faithful performance of the duties of the employee.

(10)  There is created as a part of the Department of Environmental Protection an Environmental Regulation Commission. The commission shall be composed of seven residents of this state appointed by the Governor, subject to confirmation by the Senate. The commission shall include one, but not more than two, members from each water management district who have resided in the district for at least 1 year, and the remainder shall be selected from the state at large. Membership shall be representative of agriculture, the development industry, local government, the environmental community, lay citizens, and members of the scientific and technical community who have substantial expertise in the areas of the fate and transport of water pollutants, toxicology, epidemiology, geology, biology, environmental sciences, or engineering. The Governor shall appoint the chair, and the vice chair shall be elected from among the membership. The members serving on the commission on July 1, 1995, shall continue to serve on the commission for the remainder of their current terms. All appointments thereafter shall continue to be for 4-year terms. The Governor may at any time fill a vacancy for the unexpired term. The members of the commission shall serve without compensation, but shall be paid travel and per diem as provided in s. 112.061 while in the performance of their official duties. Administrative, personnel, and other support services necessary for the commission shall be furnished by the department.

History.--ss. 3, 4, ch. 93-213; ss. 1, 5, ch. 94-356; s. 1319, ch. 95-147; s. 1, ch. 95-295; s. 3, ch. 96-410; s. 21, ch. 97-95; s. 1, ch. 98-146; s. 8, ch. 99-245.

¹Note.--

A.  Section 4, ch. 99-245, provides that:

"(1)  The Bureau of Environmental Law Enforcement, the Bureau of Administrative Support, the Bureau of Operational Support, and the Office of Enforcement Planning and Policy Coordination within the Division of Law Enforcement at the Department of Environmental Protection, together with the positions assigned to these specified bureaus and offices as of February 1, 1999, are transferred to the Fish and Wildlife Conservation Commission by a type two transfer, as defined in s. 20.06(2), Florida Statutes, except for:

"(a)  Any administrative and technical positions and equipment within the Bureau of Administrative Support and the Bureau of Operational Support providing support services to the Bureau of Emergency Response, the Florida Park Patrol, and the Office of Environmental Investigations within the Division of Law Enforcement at the Department of Environmental Protection as of February 1, 1999;

"(b)  Any sworn positions classified as Investigator I or Investigator II positions within the different program components of the Division of Law Enforcement at the Department of Environmental Protection as of February 1, 1999.

"(c)  Any sworn positions assigned to the Office of the Director of the Division of Law Enforcement as of February 1, 1999; and

"(d)  All sworn positions assigned to the Florida Park Patrol within the Division of Law Enforcement at the Department of Environmental Protection as of February 1, 1999.

"(2)  The sworn positions assigned to the Uniform Patrol, Inspections, Aviation and Boating Safety program components of the Division of Law Enforcement at the Department of Environmental Protection as of February 1, 1999, are assigned to the Division of Law Enforcement at the Fish and Wildlife Conservation Commission.

"(3)  No duties or responsibilities relating to boating safety shall remain in the Department of Environmental Protection."

"B.  Section 5, ch. 99-245, provides that:

"(1)  The Division of Marine Resources at the Department of Environmental Protection, together with the positions assigned to the division as of February 1, 1999, are transferred to the Fish and Wildlife Conservation Commission by a type two transfer, as defined in s. 20.06(2), Florida Statutes, except for:

"(a)  The Bureau of Coastal and Aquatic Managed Areas which is assigned to the Division of State Lands at the Department of Environmental Protection; and

"(b)  Positions assigned to the Office of the Division Director as of February 1, 1999, and not performing angler outreach and education duties.

"(2)  The Office of Fisheries Management and Assistance Services, and positions assigned to angler outreach and education duties within the Division of Marine Resources at the Department of Environmental Protection are assigned to the Division of Marine Fisheries at the commission.

"(3)  The Florida Marine Research Institute at the Department of Environmental Protection is established as a separate budget entity within the commission, and is assigned to the Office of the Executive Director for administrative purposes.

"(4)  The Bureau of Protected Species Management at the Department of Environmental Protection is assigned as a bureau to the Office of Environmental Services within the commission."

C.  Section 6, ch. 99-245, provides that "[w]ithin the Department of Environmental Protection, the Office of Environmental Investigations, the Florida Park Patrol, and the Bureau of Emergency Response are assigned to the Division of Law Enforcement."

20.2553  Federal Law Enforcement Trust Fund.--

(1)  The Federal Law Enforcement Trust Fund is created within the Department of Environmental Protection. The department may deposit into the trust fund receipts and revenues received as a result of federal criminal, administrative, or civil forfeiture proceedings and receipts and revenues received from federal asset-sharing programs. The trust fund is exempt from the service charges imposed by s. 215.20.

(2)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

¹(3)  Pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution, the trust fund shall, unless terminated sooner, be terminated on July 1, 2002. Prior to its scheduled termination, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 98-390; s. 2, ch. 99-109.

¹Note.--

A.  Repealed November 4, 2000, by s. 2, ch. 99-109.

B.  Section 1, ch. 99-109, provides that:

"(1)  The Federal Law Enforcement Trust Fund, FLAIR number 37-2-719, which was created within the Department of Environmental Protection and which is to be terminated pursuant to Section 19(f), Article III of the State Constitution on July 1, 2002, unless terminated sooner by law, is hereby terminated on November 4, 2000, and re-created.

"(2)  All current balances of the trust fund are carried forward, and all current sources and uses of the trust fund are continued."

20.28  State Board of Administration.--The State Board of Administration, continued by s. 9, Art. XII of the State Constitution, retains all of its powers, duties, and functions as prescribed by law.

History.--s. 28, ch. 69-106; s. 7, ch. 79-10.

20.29  Department of Citrus.--The State Citrus Commission, created under chapter 601, is continued and renamed the Department of Citrus.

(1)  The head of the Department of Citrus is the board, established by s. 601.04, and said board is hereby named the "Florida Citrus Commission."

(2)  All of the powers, duties, and functions of the Florida Citrus Commission are continued in the board, as head of the department. The board shall derive all of its powers, duties, and functions from chapter 601.

(3)  All of the personnel, records, property, and unexpended balances of appropriations and other funds are continued with the Department of Citrus as presently held.

History.--s. 29, ch. 69-106; s. 8, ch. 79-10.

20.315  Department of Corrections.--There is created a Department of Corrections.

(1)  PURPOSE.--The purpose of the Department of Corrections is to protect the public through the incarceration and supervision of offenders and to rehabilitate offenders through the application of work, programs, and services. The goals of the department shall be:

(a)  To protect society by providing incarceration that will support the intentions of established criminal law.

(b)  To ensure that inmates work while they are incarcerated and that the department makes every effort to collect restitution and other monetary assessments from inmates while they are incarcerated or under supervision.

(c)  To work in partnerships with local communities to further efforts toward crime prevention.

(d)  To provide a safe and humane environment for offenders and staff in which rehabilitation is possible. This should include the protection of the offender from victimization within the institution and the development of a system of due process, where applicable.

(e)  To provide appropriate supervision for offenders released on community supervision, based on public safety risks and offender needs, and, in conjunction with the judiciary, public safety agencies, and local communities, develop safe, community-based alternatives.

(f)  To provide programs, which may include academic, vocational, and treatment, to incarcerated offenders and supervised offenders which will prepare them for occupations available in the community.

(g)  To provide library services at correctional institutions, which includes general and law library services.

(h)  To provide judges with effective evaluative tools and information for use in sentencing decisions.

(i)  To provide the level of security in institutions commensurate with the custody requirements and management needs of inmates.

(j)  To ensure that the rights and needs of crime victims are recognized and met, including the need for the victim to be timely notified of the release or escape of an inmate.

(2)  LEGISLATIVE INTENT.--It is the intent of the Legislature that:

(a)  The department focus its attention on the removal of barriers that could prevent the inmate's successful return to society while supervising and incarcerating offenders at a level of security commensurate with the danger they present to the public.

(b)  The department work in partnership with communities in the construction of facilities and the development of programs to offenders.

(c)  The department develop a comprehensive program for the treatment of youthful offenders and other special needs offenders committed to the department, including female, elderly, and disabled offenders.

(d)  The department pursue partnerships with other governmental entities and private industry for the purpose of furthering mutual goals and expanding work and educational opportunities for offenders.

(3)  SECRETARY OF CORRECTIONS.--The head of the Department of Corrections is the Secretary of Corrections. The secretary is appointed by the Governor, subject to confirmation by the Senate, and shall serve at the pleasure of the Governor. The secretary is responsible for planning, coordinating, and managing the corrections system of the state. The secretary shall ensure that the programs and services of the department are administered in accordance with state and federal laws, rules, and regulations, with established program standards, and consistent with legislative intent. The secretary shall identify the need for and recommend funding for the secure and efficient operation of the state correctional system.

(a)  The secretary shall appoint a deputy secretary. The deputy secretary shall be directly responsible to the secretary and shall serve at the pleasure of the secretary.

(b)  The secretary shall appoint a general counsel and an inspector general, who are exempt from part II of chapter 110 and are included in the Senior Management Service.

(c)  The secretary may appoint assistant secretaries, directors, or other such persons that he or she deems are necessary to accomplish the mission and goals of the department, including, but not limited to, the following areas of program responsibility:

1.  Security and institutional operations, which shall provide inmate work programs, offender programs, security administration, emergency operations response, and operational oversight of the regions.

2.  Health services, which shall be headed by a physician licensed under chapter 458 or an osteopathic physician licensed under chapter 459, or a professionally trained health care administrator with progressively responsible experience in health care administration. This individual shall be responsible for the delivery of health services to offenders within the system and shall have direct professional authority over such services.

3.  Community corrections, which shall provide for coordination of community alternatives to incarceration and operational oversight of community corrections regions.

4.  Administrative services, which shall provide budget and accounting services within the department, including the construction and maintenance of correctional institutions, human resource management, research, planning and evaluation, and technology.

5.  Program services, which shall provide for the direct management and supervision of all departmental programs, including the coordination and delivery of education and job training to the offenders in the custody of the department.

(4)  REGIONS.--The department shall plan and administer its program of services for community corrections, security, and institutional operations through regions.

(5)  ANNUAL REPORTING.--The department shall report annually to the Governor, the President of the Senate, and the Speaker of the House of Representatives recounting its activities and making recommendations for improvements to the performance of the department.

(6)  FLORIDA CORRECTIONS COMMISSION.--

(a)1.  The Florida Corrections Commission is hereby created. The primary focus of the commission shall be on corrections; however, in those instances in which the policies of other components of the criminal justice system affect corrections, the commission shall advise and make recommendations.

2.  The commission shall consist of nine members appointed by the Governor subject to confirmation by the Senate. Members of the commission shall serve terms of 4 years each. Members must be appointed in such a manner as to equitably represent all geographic areas of the state. Each member of the commission must be a citizen and registered voter of the state. A member of the commission shall represent the public safety needs of the state as a whole and may not subordinate the needs of the state to those of any particular area of the state. The commission's membership should, to the extent possible, contain persons who are knowledgeable about construction, health care, information technology, education, business, food services, law, and inmate and youthful offender rehabilitation and services.

3.  The commission is assigned to the office of the Secretary of Corrections for administrative and fiscal accountability purposes, but it shall otherwise function independently of the control and direction of the Department of Corrections.

(b)  The primary functions of the commission are to:

1.  Recommend major correctional policies for the Governor's approval, and assure that approved policies and any revisions thereto are properly executed.

2.  Periodically review the status of the state correctional system and recommend improvements therein to the Governor and the Legislature.

3.  Annually perform an in-depth review of community-based intermediate sanctions and recommend to the Governor and the Legislature intergovernmental approaches through the Community Corrections Partnership Act for planning and implementing such sanctions and programs.

4.  Perform an in-depth evaluation of the annual budget request of the Department of Corrections, the comprehensive correctional master plan, and the tentative construction program for compliance with all applicable laws and established departmental policies. The commission may not consider individual construction projects, but shall consider methods of accomplishing the department's goals in the most effective, efficient, and businesslike manner.

5.  Routinely monitor the financial status of the Department of Corrections to assure that the department is managing revenue and any applicable bond proceeds responsibly and in accordance with law and established policy.

6.  Evaluate, at least quarterly, the efficiency, productivity, and management of the Department of Corrections, using performance and production standards developed by the department under former subsection (18).

7.  Provide public education on corrections and criminal justice issues.

8.  Report to the President of the Senate, the Speaker of the House of Representatives, and the Governor by November 1 of each year.

(c)  The commission or a member thereof may not enter into the day-to-day operation of the Department of Corrections and is specifically prohibited from taking part in:

1.  The awarding of contracts by the department.

2.  The selection by the department of a consultant or contractor or the prequalification by the department of any individual consultant or contractor. However, the commission may recommend to the Secretary of Corrections standards and policies governing the procedure for selection and prequalification of consultants and contractors.

3.  The selection by the department of a county for a specific project.

4.  The selection by the department of a specific location for a correctional facility.

5.  The employment, promotion, demotion, suspension, transfer, or discharge of any departmental personnel.

6.  The enforcement of minimum standards for any county or municipal detention facility.

(d)1.  The chair of the commission shall be selected by the members for a term of 1 year.

2.  The commission shall hold a minimum of four regular meetings annually, and other meetings may be called by the chair upon giving at least 7 days' notice to all members and the public pursuant to chapter 120. Meetings may also be held upon the written request of at least four members, upon at least 7 days' notice of such meeting being given to all members and the public by the chair pursuant to chapter 120. Emergency meetings may be held without notice upon the request of all members. The meetings of the commission shall be held in the central office of the Department of Corrections in Tallahassee unless the chair determines that special circumstances warrant meeting at another location.

3.  A majority of the membership of the commission constitutes a quorum at any meeting of the commission. An action of the commission is not binding unless the action is taken pursuant to an affirmative vote of a majority of the members present, but not fewer than four members of the commission must be present, and the vote must be recorded in the minutes of the meeting.

4.  The chair shall cause to be made a complete record of the proceedings of the commission, which record shall be open for public inspection.

(e)  The commission shall appoint an executive director and an assistant executive director, who shall serve under the direction, supervision, and control of the commission. The executive director, with the consent of the commission, shall employ such staff as are necessary to perform adequately the functions of the commission, within budgetary limitations. All employees of the commission are exempt from part II of chapter 110 and serve at the pleasure of the commission. The salaries and benefits of all employees of the commission shall be set in accordance with the Selected Exempt Service rules; however, the commission shall have complete authority for fixing the salaries of the executive director and the assistant executive director. The executive director and staff of the Task Force for Review of the Criminal Justice and Corrections System, created under chapter 93-404, Laws of Florida, shall serve as the staff for the commission until the commission hires an executive director.

(f)  Members of the commission are entitled to per diem and travel expenses pursuant to s. 112.061.

(g)  A member of the commission may not have any interest, direct or indirect, in any contract, franchise, privilege, or other benefit granted or awarded by the department during the term of his or her appointment and for 2 years after the termination of that appointment.

(h)  The commission shall develop a budget pursuant to chapter 216. The budget is not subject to change by the department, but such budget shall be submitted to the Governor along with the budget of the department.

(7)  DEPARTMENTAL BUDGETS.--

(a)  The secretary shall develop and submit annually to the Legislature a comprehensive departmental budget request.

(b)  The department shall revise its budget entity designations to conform to the budget entities designated by the Executive Office of the Governor under s. 216.0235. The department, consistent with chapter 216, may transfer, as necessary, funds and positions among budget entities to realign appropriations with the revised budget entity designations. Such authorized revisions must be consistent with the intent of the approved operating budget. The department shall periodically review the appropriateness of the budget entity designations and the adequacy of its delegated authority to transfer funds between entities and submit the reviews to the Governor's Office of Planning and Budget. To fulfill this responsibility, the secretary shall have the authority to review, amend, and approve the annual budget requests of all departmental activities.

(8)  PLACEMENT OF OFFENDERS.--The department shall classify its programs according to the character and range of services available for its clients. The department shall place each offender in the program or facility most appropriate to the offender's needs, subject to budgetary limitations and the availability of space.

(9)  DISCHARGE FROM COMMITMENT.--When the law grants to an agent, officer, or administrator of the Department of Corrections the authority to make a discharge from commitment, such authority shall be vested in the Secretary of Corrections or in any agent who, in his or her discretion, the secretary may authorize.

(10)  FORM OF COMMITMENT; NOTICE OF PAROLE VIOLATION.--All commitments shall state the statutory authority therefor. The Secretary of Corrections shall have the authority to prescribe the form to be used for commitments. Nothing in this act shall be construed to abridge the authority and responsibility of the Parole Commission with respect to the granting and revocation of parole. The Department of Corrections shall notify the Parole Commission of all violations of parole conditions and provide reports connected thereto as may be requested by the commission. The commission shall have the authority to issue orders dealing with supervision of specific parolees, and such orders shall be binding on all parties.

(11)  SINGLE INFORMATION AND RECORDS SYSTEM.--There shall be only one offender-based information and records system maintained by the Department of Corrections for the joint use of the department and the Parole Commission. This data system is managed through the Justice Data Center, which is hereby transferred to the department under this act pursuant to a type two transfer authorized under s. 20.06(2). The department shall develop and maintain, in consultation with the Criminal and Juvenile Justice Information Systems Council under s. 943.08, such offender-based information system designed to serve the needs of both the department and the Parole Commission. The department shall notify the commission of all violations of parole and the circumstances thereof.

(12)  TRANSFER OF AUTHORITY.--All statutory functions of the department not otherwise herein assigned to a specific unit of the department are assigned generally to the department and may be allocated and reallocated by the secretary to an authorized unit of the department.

(13)  PURCHASE OF SERVICES.--Whenever possible, the department, in accordance with the established program objectives and performance criteria, may contract for the provision of services by counties, municipalities, nonprofit corporations, and other entities capable of providing needed services, if services so provided are more cost-efficient, cost-effective, or timely than those provided by the department or available to it under existing law.

History.--ss. 2, 4, 7, 9, 10, 11, ch. 75-49; s. 1, ch. 77-174; s. 1, ch. 78-53; s. 4, ch. 78-323; s. 6, ch. 79-7; s. 65, ch. 79-190; s. 1, ch. 82-46; s. 1, ch. 82-171; s. 3, ch. 83-85; s. 2, ch. 83-265; s. 1, ch. 85-330; s. 6, ch. 85-340; s. 16, ch. 86-183; s. 1, ch. 87-224; s. 1, ch. 87-298; ss. 1, 28, 84, ch. 88-122; s. 3, ch. 90-247; s. 67, ch. 91-45; s. 2, ch. 91-281; s. 3, ch. 92-173; s. 2, ch. 92-310; s. 7, ch. 93-262; s. 1, ch. 94-117; s. 8, ch. 94-209; s. 1320, ch. 95-147; s. 8, ch. 95-325; s. 1, ch. 96-278; s. 6, ch. 96-388; s. 9, ch. 97-194; ss. 20, 21, ch. 98-136; s. 3, ch. 98-251; s. 8, ch. 99-2; s. 1, ch. 99-271.

20.316  Department of Juvenile Justice.--There is created a Department of Juvenile Justice.

(1)  SECRETARY OF JUVENILE JUSTICE.--

(a)  The head of the Department of Juvenile Justice is the Secretary of Juvenile Justice. The secretary of the department shall be appointed by the Governor and shall serve at the pleasure of the Governor.

(b)  The Secretary of Juvenile Justice is responsible for planning, coordinating, and managing the delivery of all programs and services within the juvenile justice continuum. For purposes of this section, the term "juvenile justice continuum" means all children-in-need-of-services programs; families-in-need-of-services programs; other prevention, early intervention, and diversion programs; detention centers and related programs and facilities; community-based residential and nonresidential commitment programs; and delinquency institutions provided or funded by the department.

(c)  The Secretary of Juvenile Justice shall:

1.  Ensure that juvenile justice continuum programs and services are implemented according to legislative intent; state and federal laws, rules, and regulations; statewide program standards; and performance objectives by reviewing and monitoring regional and district program operations and providing technical assistance to those programs.

2.  Identify the need for and recommend the funding and implementation of an appropriate mix of programs and services within the juvenile justice continuum, including prevention, diversion, nonresidential and residential commitment programs, training schools, and reentry and aftercare programs and services, with an overlay of educational, vocational, alcohol, drug abuse, and mental health services where appropriate.

3.  Provide for program research, development, and planning.

4.  Develop staffing and workload standards and coordinate staff development and training.

5.  Develop budget and resource allocation methodologies and strategies.

6.  Establish program policies and rules and ensure that those policies and rules encourage cooperation, collaboration, and information sharing with community partners in the juvenile justice system to the extent authorized by law.

7.  Develop funding sources external to state government.

8.  Obtain, approve, monitor, and coordinate research and program development grants.

9.  Enter into contracts.

(d)  The secretary shall periodically review the needs in each commitment region.

(2)  DEPUTY SECRETARY FOR OPERATIONS.--The secretary shall appoint a Deputy Secretary for Operations who shall supervise the managers of the 15 services districts within the department.

(3)  ASSISTANT SECRETARY OF PROGRAMMING AND PLANNING.--The secretary shall appoint an Assistant Secretary of Programming and Planning who shall head the following divisions:

(a)  Division of Prevention and Intervention.

(b)  Division of Detention and Commitment.

(4)  SERVICE DISTRICTS.--The department shall plan and administer its programs through service districts and subdistricts composed of the following counties:

District 1.--Escambia, Santa Rosa, Okaloosa, and Walton Counties;

District 2.--Holmes, Washington, Bay, Jackson, Calhoun, Gulf, Gadsden, Liberty, Franklin, Leon, Wakulla, Jefferson, Madison, and Taylor Counties;

District 3.--Hamilton, Suwannee, Lafayette, Dixie, Columbia, Gilchrist, Levy, Union, Bradford, Putnam, and Alachua Counties;

District 4.--Baker, Nassau, Duval, Clay, and St. Johns Counties;

District 5.--Pasco and Pinellas Counties;

District 6.--Hillsborough and Manatee Counties;

District 7.--Seminole, Orange, Osceola, and Brevard Counties;

District 8.--Sarasota, DeSoto, Charlotte, Lee, Glades, Hendry, and Collier Counties;

District 9.--Palm Beach County;

District 10.--Broward County;

District 11.--Dade and Monroe Counties;

District 12.--Flagler and Volusia Counties;

District 13.--Marion, Citrus, Hernando, Sumter, and Lake Counties;

District 14.--Polk, Hardee, and Highlands Counties; and

District 15.--Indian River, Okeechobee, St. Lucie, and Martin Counties.

(5)  COMMITMENT REGIONS.--The department shall plan and administer its community and institutional delinquency programs, children-in-need-of-services programs, and families-in-need-of-services programs through commitment regions composed of the following service districts:

Northwest Region.--Districts 1 and 2.

Northeast Region.--Districts 3, 4, 12, and 13.

Eastern Region.--Districts 7, 9, and 15.

Western Region.--Districts 5, 6, 8, and 14.

Southern Region.--Districts 10 and 11.

(6)  INFORMATION SYSTEMS.--

(a)  The Department of Juvenile Justice shall develop, in consultation with the Criminal and Juvenile Justice Information Systems Council under s. 943.08, a juvenile justice information system which shall provide information concerning the department's activities and programs.

(b)  In establishing the computing and network infrastructure for the development of the information system, the department shall develop a system design to set the direction for the information system. That design shall include not only department system requirements but also data exchange requirements of other state and local juvenile justice system organizations.

(c)  The department shall implement a distributed system architecture which shall be defined in its agency strategic plan.

(d)  The management information system shall, at a minimum:

1.  Facilitate case management of juveniles referred to or placed in the department's custody.

2.  Provide timely access to current data and computing capacity to support the outcome evaluation activities of the Juvenile Justice Accountability Board as provided in s. 985.401, legislative oversight, the Juvenile Justice Estimating Conference, and other research.

3.  Provide automated support to the quality assurance and program review functions.

4.  Provide automated support to the contract management process.

5.  Provide automated support to the facility operations management process.

6.  Provide automated administrative support to increase efficiency, provide the capability of tracking expenditures of funds by the department or contracted service providers that are eligible for federal reimbursement, and reduce forms and paperwork.

7.  Facilitate connectivity, access, and utilization of information among various state agencies, and other state, federal, local, and private agencies, organizations, and institutions.

8.  Provide electronic public access to juvenile justice information, which is not otherwise made confidential by law or exempt from the provisions of s. 119.07(1).

9.  Provide a system for the training of information system users and user groups.

(e)  The department shall aggregate, on a quarterly and an annual basis, the program information, demographic, program utilization rate, and statistical data of the youth served into a descriptive report and shall disseminate the quarterly and annual reports to substantive committees of the House of Representatives and the Senate.

(f)  The department shall provide an annual report on the juvenile justice information system to the ¹Joint Information Technology Resources Committee. The committee shall review and forward the report, along with its comments, to the appropriate substantive and appropriations committees of the House of Representatives and the Senate delineating the development status of the system and other information necessary for funding policy formulation.

(g)  The department shall include in its annual budget request a comprehensive summary of costs involved in the establishment of the information system and cost savings associated with its implementation. The budget request must also include a complete inventory of staff, equipment, and facility resources for development and maintenance of the system.

History.--s. 1, ch. 94-209; s. 1321, ch. 95-147; ss. 2, 30, ch. 95-267; s. 7, ch. 96-388; s. 29, ch. 97-286; s. 4, ch. 98-251; s. 2, ch. 98-280; s. 9, ch. 99-2.

¹Note.--Section 11.39, which created the Joint Legislative Information Technology Resource Committee, was repealed by s. 5, ch. 98-136.

¹20.317  Department of the Lottery.--There is created a Department of the Lottery.

(1)(a)  The head of the Department of the Lottery is the Secretary of the Department of the Lottery. The secretary shall be appointed by the Governor subject to the confirmation of the Senate. The secretary shall serve at the pleasure of the Governor. The compensation of the secretary shall be set annually by executive order of the Governor.

(b)  It is the intent of the Legislature that, prior to appointing a secretary of the department, the Governor conduct a thorough search to find the most qualified appointee available. In conducting such search, the Governor shall emphasize such considerations as business management experience, marketing experience, computer experience, and lottery management experience.

(2)  Any provision of law to the contrary notwithstanding, the secretary may create divisions and bureaus within the department and allocate the various functions of the department among such divisions and bureaus. However, in order to promote and protect the integrity of and the public confidence in the state lottery, there is created a Division of Security within the department.

(3)  The headquarters of the department shall be located in Tallahassee. However, the department may establish such regional offices throughout the state as the secretary deems necessary to the efficient operation of the state lottery.

History.--s. 4, ch. 87-65.

¹Note.--The portion of s. 4, ch. 87-65, which relates to the organizational structure of the Department of the Lottery is also published at s. 24.104(1), (3), and (4).

20.32  Parole Commission.--

(1)  The Parole and Probation Commission, authorized by s. 8(c), Art. IV, State Constitution of 1968, is continued and renamed the Parole Commission. The commission retains its powers, duties, and functions with respect to the granting and revoking of parole and shall exercise powers, duties, and functions relating to investigations of applications for clemency as directed by the Governor and the Cabinet.

(2)  All powers, duties, and functions relating to the appointment of the Parole Commission as provided in s. 947.02 or s. 947.021 shall be exercised and performed by the Governor and the Cabinet. Except as provided in s. 947.021, each appointment shall be made from among the first three eligible persons on the list of the persons eligible for said position.

¹(3)  The commission may require any employee of the commission to give a bond for the faithful performance of his or her duties. The commission may determine the amount of the bond and must approve the bond. In determining the amount of the bond, the commission may consider the amount of money or property likely to be in custody of the officer or employee at any one time. The premiums for the bonds must be paid out of the funds of the commission.

History.--s. 33, ch. 69-106; s. 33, ch. 83-131; s. 36, ch. 86-183; s. 7, ch. 88-122; ss. 15, 16, ch. 89-531; s. 20, ch. 90-337; s. 320, ch. 92-279; s. 55, ch. 92-326; s. 1, ch. 93-2; s. 16, ch. 96-422; s. 5, ch. 98-34.

¹Note.--Section 46, ch. 98-34, provides that "[t]he provisions of this act do not affect a cause of action that accrued before [July 1, 1998]."

20.331  Fish and Wildlife Conservation Commission.--

(1)  The Legislature, recognizing the Fish and Wildlife Conservation Commission as being specifically authorized by the State Constitution under s. 9, Art. IV, grants rights and privileges to the commission, as contemplated by s. 6, Art. IV of the State Constitution, equal to those of departments established under this chapter, while preserving its constitutional designation and title as a commission.

(2)  The head of the Fish and Wildlife Conservation Commission is the commission appointed by the Governor as provided for in s. 9, Art. IV of the State Constitution.

(3)  The following administrative units are established within the commission:

(a)  Division of Administrative Services.

(b)  Division of Law Enforcement.

(c)  Division of Freshwater Fisheries.

(d)  Division of Marine Fisheries.

(e)  Division of Wildlife.

(f)  Florida Marine Research Institute.

The bureaus and offices of the Game and Fresh Water Fish Commission existing on February 1, 1999, are established within the Fish and Wildlife Conservation Commission.

(4)(a)  To aid the commission in the implementation of its constitutional and statutory duties, the Legislature authorizes the commission to appoint, fix the salary of, and at its pleasure, remove a person, not a member of the commission, as the executive director. The executive director shall be reimbursed for ¹per diem and travel expenses, as provided in s. 112.061, incurred in the discharge of official duties. The executive director shall maintain headquarters and reside in Tallahassee.

(b)  Each new executive director must be confirmed by the Senate during the legislative session immediately following his or her hiring by the commission.

(5)  In further exercise of its duties, the Fish and Wildlife Conservation Commission:

(a)  Shall assign to the Division of Freshwater Fisheries and the Division of Marine Fisheries such powers, duties, responsibilities, and functions as are necessary to ensure compliance with the laws and rules governing the management, protection, conservation, improvement, and expansion of Florida's freshwater aquatic life and marine life resources.

(b)  Shall assign to the Division of Wildlife such powers, duties, responsibilities, and functions as are necessary to ensure compliance with the laws and rules governing the management, protection, conservation, improvement, and expansion of Florida's wildlife resources.

(c)  Shall assign to the Division of Law Enforcement such powers, duties, responsibilities, and functions as are necessary to ensure enforcement of the laws and rules governing the management, protection, conservation, improvement, and expansion of Florida's wildlife resources, freshwater aquatic life resources, and marine life resources. In performance of their duties as sworn law enforcement officers for the State of Florida, the division's officers also shall assist in the enforcement of all general environmental laws remaining under the responsibility of the Department of Environmental Protection.

(d)  Shall assign to the Florida Marine Research Institute such powers, duties, responsibilities, and functions as are necessary to accomplish its mission. It shall be the mission of the Florida Marine Research Institute to:

1.  Serve as the primary source of research and technical information and expertise on the status of Florida's saltwater resources;

2.  Monitor the status and health of saltwater habitat, marine life, and wildlife;

3.  Develop and implement restoration techniques for marine habitat and enhancement of saltwater plant and animal populations;

4.  Respond and provide critical technical support for marine catastrophes including oil spills, ship groundings, major marine species die-offs, hazardous spills, and natural disaster;

5.  Identify and monitor marine toxic red tides and their impacts, and provide technical support for state and local public health concerns; and

6.  Provide state and local governments with estuarine, marine, coastal technical information and research results.

(6)(a)  Shall implement a system of adequate due process procedures to be accorded to any party, as defined in s. 120.52, whose substantial interests will be affected by any action of the Fish and Wildlife Conservation Commission in the performance of its constitutional duties or responsibilities.

(b)  The Legislature encourages the commission to incorporate in its process the provisions of s. 120.54(3)(c) when adopting rules in the performance of its constitutional duties or responsibilities.

(c)  The provisions of chapter 120 shall be accorded to any party whose substantial interests will be affected by any action of the commission in the performance of its statutory duties or responsibilities. For purposes of this subsection, statutory duties or responsibilities include, but are not limited to, the following:

1.  Research and management responsibilities for marine species listed as endangered, threatened, or of special concern, including, but not limited to, manatees and marine turtles;

2.  Establishment and enforcement of boating safety regulations;

3.  Land acquisition and management;

4.  Enforcement and collection of fees for all recreational and commercial hunting or fishing licenses or permits;

5.  Aquatic plant removal and management using fish as a biological control agent;

6.  Enforcement of penalties for violations of commission rules, including, but not limited to, the seizure and forfeiture of vessels and other equipment used to commit those violations;

7.  Establishment of free fishing days;

8.  Regulation of off-road vehicles on state lands;

9.  Establishment and coordination of a statewide hunter safety course;

10.  Establishment of programs and activities to develop and distribute public education materials;

11.  Police powers of wildlife and marine officers;

12.  Establishment of citizen support organizations to provide assistance, funding, and promotional support for programs of the commission;

13.  Creation of the Voluntary Authorized Hunter Identification Program; and

14.  Regulation of required clothing of persons hunting deer.

(d)  The commission is directed to provide a report on the development and implementation of its adequate due process provisions to the President of the Senate, the Speaker of the House of Representatives, and the appropriate substantive committees of the House of Representatives and the Senate no later than December 1, 1999.

(7)  Comments submitted by the commission to a permitting agency for applications for permits, licenses, or authorizations impacting the commission's jurisdiction must be based on credible, factual scientific data, and must be received by the permitting agency within the time specified by applicable statutes or rules, or within 30 days, whichever is shorter. Comments provided by the commission are not binding on any permitting agency. Comments by the commission shall be considered for consistency with the Florida Coastal Management Program and ss. 373.428 and 380.23. Should a permitting agency use the commission's comments as a condition of denial, approval, or modification of a proposed permit, license, or authorization, any party to an administrative proceeding involving such proposed action may require the commission to join as a party in determining the validity of the condition. In any action where the commission is joined as a party, the commission shall only bear the actual cost of defending the validity of the credible, factual scientific data used as a basis for its comments.

(8)  Shall acquire, in the name of the state, lands and waters suitable for the protection, improvement, and restoration of marine life, wildlife resources, and freshwater aquatic life resources by purchase, lease, gift, or otherwise, using state, federal, or other sources of funding. Lands acquired under this section shall be managed for recreation and other multiple-use activities that do not impede the commission's ability to perform its constitutional and statutory responsibilities and duties.

(9)  May require any employee of the commission to give a bond for the faithful performance of duties. The commission may determine the amount of the bond and must approve the bond. In determining the amount of the bond, the commission may consider the amount of money or property likely to be in custody of the officer or employee at any one time. The premiums for the bond must be paid out of the funds of the commission.

History.--s. 1, ch. 99-245.

¹Note.--The word "travel" immediately preceding the words "per diem" was deleted by the editors.

20.34  Governmental Reorganization Act of 1969; effect on rules.--Except when it is inconsistent with the other provisions of this chapter, all rules and regulations of the agencies involved in this reorganization that are in effect on June 30, 1969, shall remain in effect until they are specifically altered, amended or revoked in the manner provided by law.

History.--s. 36, ch. 69-106.

20.37  Department of Veterans' Affairs.--There is created a Department of Veterans' Affairs.

(1)  The head of the department is the Governor and Cabinet. The executive director of the department shall be appointed by the Governor with the approval of three members of the Cabinet and subject to confirmation by the Senate. The executive director shall serve at the pleasure of the Governor and Cabinet.

(2)  The following divisions, and bureaus within these divisions, of the Department of Veterans' Affairs are established:

(a)  Division of Administration and Public Information.

1.  Bureau of Information and Research.

(b)  Division of Veterans' Benefits and Assistance.

1.  Bureau of Veteran Claims Services.

2.  Bureau of Veteran Field Services.

3.  Bureau of State Approving for Veterans' Training.

History.--s. 13, ch. 88-290; s. 2, ch. 99-255.

20.41  Department of Elderly Affairs.--There is created a Department of Elderly Affairs.

(1)  The head of the department is the Secretary of Elderly Affairs. The secretary must be appointed by the Governor, subject to confirmation by the Senate. The requirement for Senate confirmation applies to any person so appointed on or after July 1, 1994. The secretary serves at the pleasure of the Governor. The secretary shall administer the affairs of the department and may employ assistants, professional staff, and other employees as necessary to discharge the powers and duties of the department.

(2)  The department shall plan and administer its programs and services through planning and service areas as designated by the department.

(3)  The department shall maintain its headquarters in Tallahassee.

(4)  The department shall administratively house the State Long-Term Care Ombudsman Council, created by s. 400.0067, and the district long-term care ombudsman councils, created by s. 400.0069 and shall, as required by s. 712 of the federal Older Americans Act of 1965, ensure that both the state and district long-term care ombudsman councils operate in compliance with the Older Americans Act. The councils in performance of their duties shall not be subject to control, supervision, or direction by the department.

(5)  The department shall be the state unit on aging as defined in the federal Older Americans Act of 1965, as amended, and shall exercise all responsibilities pursuant to that act.

(6)  In accordance with the federal Older Americans Act of 1965, as amended, the department shall designate and contract with area agencies on aging in each of the department's planning and service areas. Area agencies on aging shall ensure a coordinated and integrated provision of long-term care services to the elderly and shall ensure the provision of prevention and early intervention services. The department shall have overall responsibility for information system planning. The department shall ensure, through the development of equipment, software, data, and connectivity standards, the ability to share and integrate information collected and reported by the area agencies in support of their contracted obligations to the state.

(7)  The department shall contract with the governing body, hereafter referred to as the "board," of an area agency on aging to fulfill programmatic and funding requirements. The board shall be responsible for the overall direction of the agency's programs and services and shall ensure that the agency is administered in accordance with the terms of its contract with the department, legal requirements, established agency policy, and effective management principles. The board shall also ensure the accountability of the agency to the local communities included in the planning and service area of the agency.

(8)  The area agency on aging board shall, in consultation with the secretary, appoint a chief executive officer, hereafter referred to as the "executive director," to whom shall be delegated responsibility for agency management and for implementation of board policy, and who shall be accountable for the agency's performance.

(9)  Area agencies on aging are subject to chapter 119, relating to public records, and, when considering any contracts requiring the expenditure of funds, are subject to ss. 286.011-286.012, relating to public meetings.

History.--s. 1, ch. 91-115; s. 17, ch. 93-177; s. 13, ch. 94-235; s. 45, ch. 95-418; s. 30, ch. 97-286; s. 5, ch. 99-377; s. 15, ch. 99-393; s. 203, ch. 99-397.

20.42  Agency for Health Care Administration.--There is created the Agency for Health Care Administration within the Department of Business and Professional Regulation. The agency shall be a separate budget entity, and the director of the agency shall be the agency head for all purposes. The agency shall not be subject to control, supervision, or direction by the Department of Business and Professional Regulation in any manner, including, but not limited to, personnel, purchasing, transactions involving real or personal property, and budgetary matters.

(1)  DIRECTOR OF HEALTH CARE ADMINISTRATION.--The head of the agency is the Director of Health Care Administration, who shall be appointed by the Governor. The director shall serve at the pleasure of and report to the Governor.

(2)  ORGANIZATION OF THE AGENCY.--The agency shall be organized as follows:

(a)  The Division of Health Quality Assurance, which shall be responsible for health facility licensure and inspection.

(b)  The Division of Health Policy and Cost Control, which shall be responsible for health policy, the State Center for Health Statistics, the development of The Florida Health Plan, certificate of need, state and local health planning under s. 408.033, and research and analysis.

(c)  The Division of State Health Purchasing shall be responsible for the Medicaid program. The division shall also administer the contracts with the Florida Health Access Corporation program and the Florida Health Care Purchasing Cooperative and the Florida Healthy Kids Corporation.

(d)  The Division of Administrative Services, which shall be responsible for revenue management, budget, personnel, and general services.

(3)  DEPUTY DIRECTOR FOR HEALTH QUALITY ASSURANCE.--The director shall appoint a Deputy Director for Health Quality Assurance who shall serve at the pleasure of, and be directly responsible to, the director. The Deputy Director for Health Quality Assurance shall be responsible for the Division of Health Quality Assurance.

(4)  DEPUTY DIRECTOR FOR HEALTH POLICY AND COST CONTROL.--The director shall appoint a Deputy Director for Health Policy and Cost Control who shall serve at the pleasure of, and be directly responsible to, the director. The Deputy Director for Health Policy and Cost Control shall be responsible for the Division of Health Policy and Cost Control.

(5)  DEPUTY DIRECTOR FOR STATE HEALTH PURCHASING.--The director shall appoint a Deputy Director for State Health Purchasing who shall serve at the pleasure of, and be directly responsible to, the director. The Deputy Director for State Health Purchasing shall be responsible for the Division of State Health Purchasing.

(6)  DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES.--The director shall appoint a Deputy Director of Administrative Services who shall serve at the pleasure of, and be directly responsible to, the director. The deputy director shall be responsible for the Division of Administrative Services.

History.--s. 1, ch. 92-33; s. 2, ch. 93-129; s. 3, ch. 94-218; s. 10, ch. 96-403; s. 2, ch. 97-92; s. 1, ch. 98-89.

20.425  Agency for Health Care Administration Tobacco Settlement Trust Fund.--

(1)  The Agency for Health Care Administration Tobacco Settlement Trust Fund is created within the agency. Funds to be credited to the trust fund shall consist of funds disbursed, by nonoperating transfer, from the Department of Banking and Finance Tobacco Settlement Clearing Trust Fund in amounts equal to the annual appropriations made from this trust fund.

(2)  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any unencumbered balance in the trust fund at the end of any fiscal year and any encumbered balance remaining undisbursed on December 31 of the same calendar year shall revert to the Department of Banking and Finance Tobacco Settlement Clearing Trust Fund.

(3)  The trust fund shall, unless terminated sooner, be terminated on July 1, 2003; however, prior to the trust fund's scheduled termination pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution, the trust fund shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 99-195.

20.43  Department of Health.--There is created a Department of Health.

(1)  The purpose of the Department of Health is to promote and protect the health of all residents and visitors in the state through organized state and community efforts, including cooperative agreements with counties. The department shall:

(a)  Prevent to the fullest extent possible, the occurrence and progression of communicable and noncommunicable diseases and disabilities.

(b)  Maintain a constant surveillance of disease occurrence and accumulate health statistics necessary to establish disease trends and to design health programs.

(c)  Conduct special studies of the causes of diseases and formulate preventive strategies.

(d)  Promote the maintenance and improvement of the environment as it affects public health.

(e)  Promote the maintenance and improvement of health in the residents of the state.

(f)  Provide leadership, in cooperation with the public and private sectors, in establishing statewide and community public health delivery systems.

(g)  Provide health care and early intervention services to infants, toddlers, children, adolescents, and high-risk perinatal patients who are at risk for disabling conditions or have chronic illnesses.

(h)  Provide services to abused and neglected children through child protection teams and sexual abuse treatment programs.

(i)  Develop working associations with all agencies and organizations involved and interested in health and health care delivery.

(j)  Analyze trends in the evolution of health systems, and identify and promote the use of innovative, cost-effective health delivery systems.

(k)  Serve as the statewide repository of all aggregate data accumulated by state agencies related to health care; analyze that data and issue periodic reports and policy statements, as appropriate; require that all aggregated data be kept in a manner that promotes easy utilization by the public, state agencies, and all other interested parties; provide technical assistance as required; and work cooperatively with the state's higher education programs to promote further study and analysis of health care systems and health care outcomes.

(l)  Biennially publish, and annually update, a state health plan that assesses current health programs, systems, and costs; makes projections of future problems and opportunities; and recommends changes needed in the health care system to improve the public health.

(m)  Regulate health practitioners, to the extent authorized by the Legislature, as necessary for the preservation of the health, safety, and welfare of the public.

(2)  The head of the Department of Health is the Secretary of Health and State Health Officer. The secretary must be a physician licensed under chapter 458 or chapter 459 who has advanced training or extensive experience in public health administration. The secretary is appointed by the Governor subject to confirmation by the Senate. The secretary serves at the pleasure of the Governor.

(3)  The following divisions of the Department of Health are established:

(a)  Division of Administration.

(b)  Division of Environmental Health.

(c)  Division of Disease Control.

(d)  Division of Family Health Services.

(e)  Division of Children's Medical Services Network.

(f)  Division of Emergency Medical Services and Community Health Resources.

(g)  Division of Medical Quality Assurance, which is responsible for the following boards and professions established within the division:

1.  Nursing assistants, as provided under s. 400.211.

2.  Health care services pools, as provided under s. 402.48.

3.  The Board of Acupuncture, created under chapter 457.

4.  The Board of Medicine, created under chapter 458.

5.  The Board of Osteopathic Medicine, created under chapter 459.

6.  The Board of Chiropractic Medicine, created under chapter 460.

7.  The Board of Podiatric Medicine, created under chapter 461.

8.  Naturopathy, as provided under chapter 462.

9.  The Board of Optometry, created under chapter 463.

10.  The Board of Nursing, created under chapter 464.

11.  The Board of Pharmacy, created under chapter 465.

12.  The Board of Dentistry, created under chapter 466.

13.  Midwifery, as provided under chapter 467.

14.  The Board of Speech-Language Pathology and Audiology, created under part I of chapter 468.

15.  The Board of Nursing Home Administrators, created under part II of chapter 468.

16.  The Board of Occupational Therapy, created under part III of chapter 468.

17.  Respiratory therapy, as provided under part V of chapter 468.

18.  Dietetics and nutrition practice, as provided under part X of chapter 468.

19.  The Board of Athletic Training, created under part XIII of chapter 468.

20.  The Board of Orthotists and Prosthetists, created under part XIV of chapter 468.

21.  Electrolysis, as provided under chapter 478.

22.  The Board of Massage Therapy, created under chapter 480.

23.  The Board of Clinical Laboratory Personnel, created under part III of chapter 483.

24.  Medical physicists, as provided under part IV of chapter 483.

25.  The Board of Opticianry, created under part I of chapter 484.

26.  The Board of Hearing Aid Specialists, created under part II of chapter 484.

27.  The Board of Physical Therapy Practice, created under chapter 486.

28.  The Board of Psychology, created under chapter 490.

29.  School psychologists, as provided under chapter 490.

30.  The Board of Clinical Social Work, Marriage and Family Therapy, and Mental Health Counseling, created under chapter 491.

The department may contract with the Agency for Health Care Administration who shall provide consumer complaint, investigative, and prosecutorial services required by the Division of Medical Quality Assurance, councils, or boards, as appropriate.

(h)  Division of Children's Medical Services Prevention and Intervention.

(i)  Division of Information Resource Management.

(j)  Division of Health Awareness and Tobacco.

(4)(a)  The members of each board within the department shall be appointed by the Governor, subject to confirmation by the Senate. Consumer members on the board shall be appointed pursuant to paragraph (b). Members shall be appointed for 4-year terms, and such terms shall expire on October 31. However, a term of less than 4 years may be used to ensure that:

1.  No more than two members' terms expire during the same calendar year for boards consisting of seven or eight members.

2.  No more than 3 members' terms expire during the same calendar year for boards consisting of 9 to 12 members.

3.  No more than 5 members' terms expire during the same calendar year for boards consisting of 13 or more members.

A member whose term has expired shall continue to serve on the board until such time as a replacement is appointed. A vacancy on the board shall be filled for the unexpired portion of the term in the same manner as the original appointment. No member may serve for more than the remaining portion of a previous member's unexpired term, plus two consecutive 4-year terms of the member's own appointment thereafter.

(b)  Each board with five or more members shall have at least two consumer members who are not, and have never been, members or practitioners of the profession regulated by such board or of any closely related profession. Each board with fewer than five members shall have at least one consumer member who is not, and has never been, a member or practitioner of the profession regulated by such board or of any closely related profession.

(c)  Notwithstanding any other provision of law, the department is authorized to establish uniform application forms and certificates of licensure for use by the boards within the department. Nothing in this paragraph authorizes the department to vary any substantive requirements, duties, or eligibilities for licensure or certification as provided by law.

(5)  The department shall plan and administer its public health programs through its county health departments and may, for administrative purposes and efficient service delivery, establish up to 15 service areas to carry out such duties as may be prescribed by the secretary. The boundaries of the service areas shall be the same as, or combinations of, the districts of the health and human services boards established in s. 20.19 and, to the extent practicable, shall take into consideration the boundaries of the jobs and education regional boards.

(6)  The secretary and division directors are authorized to appoint ad hoc advisory committees as necessary. The issue or problem that the ad hoc committee shall address, and the timeframe within which the committee is to complete its work, shall be specified at the time the committee is appointed. Ad hoc advisory committees shall include representatives of groups or entities affected by the issue or problem that the committee is asked to examine. Members of ad hoc advisory committees shall receive no compensation, but may, within existing departmental resources, receive reimbursement for travel expenses as provided in s. 112.061.

(7)  To protect and improve the public health, the department may use state or federal funds to:

(a)  Provide incentives, including, but not limited to, the promotional items listed in paragraph (b), food and including food coupons, and payment for travel expenses, for encouraging healthy lifestyle and disease prevention behaviors and patient compliance with medical treatment, such as tuberculosis therapy and smoking cessation programs. Such incentives shall be intended to cause individuals to take action to improve their health. Any incentive for food, food coupons, or travel expenses may not exceed the limitations in s. 112.061.

(b)  Plan and conduct health education campaigns for the purpose of protecting or improving public health. The department may purchase promotional items, such as, but not limited to, t-shirts, hats, sports items such as water bottles and sweat bands, calendars, nutritional charts, baby bibs, growth charts, and other items printed with health promotion messages, and advertising, such as space on billboards or in publications or radio or television time, for health information and promotional messages that recognize that the following behaviors, among others, are detrimental to public health: unprotected sexual intercourse, other than with one's spouse; cigarette and cigar smoking, use of smokeless tobacco products, and exposure to environmental tobacco smoke; alcohol consumption or other substance abuse during pregnancy; alcohol abuse or other substance abuse; lack of exercise and poor diet and nutrition habits; and failure to recognize and address a genetic tendency to suffer from sickle-cell anemia, diabetes, high blood pressure, cardiovascular disease, or cancer. For purposes of activities under this paragraph, the Department of Health may establish requirements for local matching funds or in-kind contributions to create and distribute advertisements, in either print or electronic format, which are concerned with each of the targeted behaviors, establish an independent evaluation and feedback system for the public health communication campaign, and monitor and evaluate the efforts to determine which of the techniques and methodologies are most effective.

(c)  Plan and conduct promotional campaigns to recruit health professionals to be employed by the department or to recruit participants in departmental programs for health practitioners, such as scholarship, loan repayment, or volunteer programs. To this effect the department may purchase promotional items and advertising.

History.--s. 8, ch. 96-403; s. 7, ch. 97-237; s. 2, ch. 97-261; s. 160, ch. 97-264; s. 1, ch. 97-273; s. 3, ch. 98-137; ss. 12, 250, ch. 98-166; s. 121, ch. 98-403; s. 9, ch. 99-349; ss. 2, 139, ch. 99-397.

20.435  Department of Health; trust funds.--

(1)  The following trust funds are hereby created, to be administered by the Department of Health:

(a)  Administrative Trust Fund.

1.  Funds to be credited to the trust fund shall consist of regulatory fees such as those pertaining to the licensing, permitting, and inspection of septic tanks, food hygiene, onsite sewage, Super Act compliance, solid waste management, tanning facilities, mobile home and recreational vehicle park inspection, other departmental regulatory and health care programs, and indirect earnings from grants. Funds shall be used for the purpose of supporting the regulatory activities of the department and for other such purposes as may be appropriate and shall be expended only pursuant to legislative appropriation or an approved amendment to the department's operating budget pursuant to the provisions of chapter 216.

2.  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

3.  The trust fund shall, unless terminated sooner, be terminated on July 1, 2001.

(b)  Federal Grants Trust Fund.

1.  Funds to be credited to the trust fund shall consist of grants and funding from the Federal Government and funds from the Medicaid program. Funds shall be used for the purposes of providing health and support services to department clients, supporting regulatory activities of the department, and funding disease surveillance and for other such purposes as may be appropriate and shall be expended only pursuant to legislative appropriation or an approved amendment to the department's operating budget pursuant to the provisions of chapter 216.

2.  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

3.  The trust fund shall, unless terminated sooner, be terminated on July 1, 2001.

(c)  Grants and Donations Trust Fund.

1.  Funds to be credited to the trust fund shall consist of restricted contractual revenue from public or private sources such as receipts from Medicaid, funds from federal environmental laws such as the Safe Drinking Water Act and the Super Act, funds from other health and environmental programs, and funds from private sources such as foundations. Funds shall be used for the purpose of supporting the activities of the department and shall be expended only pursuant to legislative appropriation or an approved amendment to the department's operating budget pursuant to the provisions of chapter 216.

2.  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

3.  The trust fund shall, unless terminated sooner, be terminated on July 1, 2001.

(d)  Medical Quality Assurance Trust Fund.

1.  Funds to be credited to the trust fund shall consist of fees and fines related to the licensing of health care professionals. Funds shall be used for the purpose of providing administrative support for the regulation of health care professionals and for other such purposes as may be appropriate and shall be expended only pursuant to legislative appropriation or an approved amendment to the department's operating budget pursuant to the provisions of chapter 216.

2.  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

3.  The trust fund shall, unless terminated sooner, be terminated on July 1, 2001.

(e)  Operations and Maintenance Trust Fund.

1.  Funds to be credited to the trust fund shall consist of receipts from third-party payors of health care services such as Medicare and Medicaid. Funds shall be used for the purpose of providing health care services to department clients and for other such purposes as may be appropriate and shall be expended only pursuant to legislative appropriation or an approved amendment to the department's operating budget pursuant to the provisions of chapter 216.

2.  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

3.  The trust fund shall, unless terminated sooner, be terminated on July 1, 2001.

(f)  Social Services Block Grant Trust Fund.

1.  Funds to be credited to the trust fund shall consist of federal social services block grant funds. Funds shall be used for the purpose of providing health care and support services to department clients and for other such purposes as may be appropriate and shall be expended only pursuant to legislative appropriation or an approved amendment to the department's operating budget pursuant to the provisions of chapter 216.

2.  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any balance in the trust fund at the end of any fiscal year shall remain in the trust fund at the end of the year and shall be available for carrying out the purposes of the trust fund.

3.  The trust fund shall, unless terminated sooner, be terminated on July 1, 2001.

(g)  Department of Health Tobacco Settlement Trust Fund.

1.  Funds to be credited to the trust fund shall consist of funds disbursed, by nonoperating transfer, from the Department of Banking and Finance Tobacco Settlement Clearing Trust Fund in amounts equal to the annual appropriations made from this trust fund.

2.  Notwithstanding the provisions of s. 216.301 and pursuant to s. 216.351, any unencumbered balance in the trust fund at the end of any fiscal year and any encumbered balance remaining undisbursed on December 31 of the same calendar year shall revert to the Department of Banking and Finance Tobacco Settlement Clearing Trust Fund.

3.  The trust fund shall, unless terminated sooner, be terminated on July 1, 2002.

(2)  Prior to its scheduled termination pursuant to the provisions of s. 19(f)(2), Art. III of the State Constitution, each trust fund listed in subsection (1) shall be reviewed as provided in s. 215.3206(1) and (2).

History.--s. 1, ch. 97-112; s. 1, ch. 97-113; s. 1, ch. 97-114; s. 1, ch. 97-115; s. 1, ch. 97-116; s. 1, ch. 97-119; s. 1, ch. 99-196.